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Divorce and Marriage Law

~11700 answered questions
Parent Category: Law & Legal Issues
Marriage law refers to a set of rules that govern the forms and validity of marriage. Divorce is a remedy available for married couples who wanted to separate and legally dissolve their marriage bond, usually for the purpose of remarriage.
In the state of Georgia, both parents income is considered in determining child support. If Dad must pay CS, his spouse's income is calculated in determing amount to be paid.  From what I know, it is only the father's income that matters. Your income shouldn't matter at all. But if the court d…
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Paying Child SupportA spouse regardless of gender is not legally obligated to support the biological children of the new spouse's previous marriages or relationships. But obviously if the children live with the parent and stepparent it will be a shared commitment.The salary or assets of the "innocen…
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Yes, if you have joint legal custody and are paying child support you can file for custody. You will have to take parenting classes and prove to the court that there it is in the best interest of the child to live with you. You may also negotiate letting her fully adopt your daughter if she has move…
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Seven-year-olds do not make decisions as to custody, that is the responsibility of the judge. A child of that age might be asked his opinion, especially if he has been reluctant in the past to visit his father (to rule out child abuse, etc.) but it is more likely the judge will be able to make a dec…
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Whether you agree or not is irrelevant. You cannot force your spouse to stay married to you because you don't want to pay child support. The court will schedule a hearing and will issue support and visitation orders. You should hire a good attorney who can advocate on your behalf. You cannot stop th…
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You don't. You hire competent legal counsel barred in the State you live in. He or she will listen to your situation and adopt an appropriate pre-trial and trial strategy. Note that even those mental health workers that consider mythomania a real condition admit that prevalence is quite low (one re…
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I'm not a lawyer, but I work for a law firm and I don't think so. The first question I have is are you separated or divorced? I assume separated because financial issues would've been resolved in a binding property settlement agreement in the case of divorce. It is my understanding that the only w…
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From an Insurance agentNO, your spouse does not have to be named as your beneficiary in Texas nor any other State in the USA. You may name any beneficiary you like. A spouse, a Sibling, a Grandchild or other person you choose. It is very common for some people to have mutiple policies in place with …
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Marriage requirements are the same for all people. Immigration status has no bearing on your right to marry. As long as you are not currently married and are over 18 years old, you should be able to obtain a marriage license. If you are not in the United States and you want to come to marry an Ame…
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It is a long process. Please come to immigrate2us.net. There are a lot of nice people there who know a lot about it.
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Bigamy in the United States has been illegal since the mid-1800s (both in federal and all state/territory laws). There are NO possible ways to be considered legally married to more than one spouse while being a resident (or citizen) of the USA, under US law. US citizens may NEVER marry more than one…
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Divorce and ImmigrationIf the immigrant has became a US permanent resident under PR1 then they retain that status after divorce. If the immigrant is under CR status (conditional resident status) They need to file adjustment of status to impermanent residence before the date of their immigration card…
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It depends entirely on whether or not the Immigration Service determines if the marriage was "real" or not. That is, was the marriage between a genuine couple, or are the couple not actually in a relationship. If this sounds a little fuzzy, it is. The concept of "marriage fraud", whereby two peopl…
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Yes.It is illegal to marry ANYONE for citizenship purposes only. That person could be deported and barred from life from this country and the citizen that married him/her could face hefty fines or prison time.
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Answer If the parties are a real couple in a genuine relationship, there should not be any problems, although the relationship could be scrutinized more carefully than if they were actually living together. If the parties are not a real couple in a bonafide relationship, then they are commiti…
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Divorce law is governed by each individual state in the US. If a person meets the minimum residency requirement of their state (usually six months or so) they can go to court and request a divorce. Residency just means living in the state. It is not the same as citizenhip. A valid US divorce is v…
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No, you will have to petition your spouse through the normal channels in the US. There is really no short cut.   Yes you can, but not literally taking her back with you right away. You have to go back to your country and leave your wife to her country and you have to file for a petition.
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Answer First you have to get married and get legal. Answer The best and most recommended way is for the U.S. citizen to file for a fiance(e) visa for the immigrant first. If you go directly to the USCIS, tell them that your fiance(e) is still in his/her home country and not already in the…
Popularity: 139
Yes, even two non-citizens with visas can get married. Just bring your visa and passport to the county courthouse and register for a lisense. ------You can get married, but you cant have the status of the non-immigrant adjusted if you get married in the USA without going through the proper K1 Visa p…
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Yes, that is if you have parental permission.
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A 16-17 y/o can normally get married with parental and/or judicial consent. In most states if one or both of the individuals wishing to get married is/are 17 and under, then they usually need to get parental consent from either (if not both) parents and possibly from a court. NOTE: California: …
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Yes you can get married in Maryland without parents permission only if the girl is going to have a baby or already has one and you have a doctors note saying that she is or does. Yes; Delaware, Florida, Georgia, Kentucky, Maryland and Oklahoma allow pregnant teens or teens who have already had a …
Popularity: 120
There is no place in the US (or North America) that you can get married without parental consent at an age younger than 18. And its for a reason. way too young and naive at that age no matter how sure you "KNOW" you are. The above is incorrect. Most of the states allow the two to go before a ju…
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Though you do have to be 21 to marry in Mississippi without consent, you may get married at 15 if you are a female with the consent of ONE parent. Mississippi is one of the few states that doesn't require the permission of both parents.
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BY READING AND VISITING onlinelegalcenter.com it is said that you need both sets of parents to consent in the state of Arkansas in order to be married, even if married all i have to say i am 17 and i have a 1 year old son and for the teens who are looking on here do t have sex wait tell you finish s…
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You don't need to indicate it. When you feel out the application it should give you an opportunity to give other names. If you feel it's important put it in parenthese ().   More information needed. I have done quite a bit of work under my married name, and I will be recognized for that name.…
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Normally, it doesn't. But what does happen in these cases is sometimes there are debts that are disputed as to who is responsible to pay them and as a result neither party pays. If it is a joint account, both credit histories will be negatively affected. If you are not sure get a copy of your credit…
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i believe that Bankruptcy planning should be done before the final divorce decree is obtained. This way your required payment of joint debts may be discharged without violating a court order.
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Debts of a Spouse No, you do not become responsible for debts incurred before marriage. However, debts incurred during the marriage are "marital debts" and subject to an assignment of responsibility by a divorce court, unless otherwise specified in a prenuptial agreement. However, the creditors g…
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OhioOhio is a separate property state.It is also considered an equal "contribution-distribution" state when the issue pertains to marital property. Generally property obtained during the marriage belongs equally to both spouses and will be divided equally during the dissolution of a marriage, unless…
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You can claim an alternate accommodation under the protection of women from domestic violence in India ,for other countries check Domestic violence Act of you country almost all countries have same provision under different sections .If you have also contributed your income during the purchase of ho…
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Fortunately, he does not have to agree nor consent to the divorce. You can file for divorce on your own. However, planning for the eventuality that he will not be happy would be wise. You should make certain you hire a good lawyer who specializes in family law in your area. You should brief him on y…
Popularity: 237
Create some additional safety before you go: get a post office box for ALL of your mail, put codes on all of your utilities so he cannot access the information, create new bank accounts without his name on them, and so on. If you have a computer or other financial information, keep it in a secure pl…
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Absolutely not. Your husband has no right to lock you out of property you own without a court order. He would be violating the law. Each of you has the right to the use AND possession of the property until a court rules otherwise. You need to consult with an attorney ASAP. You could file a complain…
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You can file without an attorney. If you have your spouse's address you're at minimum going to have to mail the information (papers) to him. If not, then to the last known address. You might have to publish it in a local paper where you think he lives. He certainly has a RIGHT to be there. There ar…
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: According to INS if she is illegal she will have to leave the country along with her kids. There is nothing you can do. Helping her stay after a divorce is illegal for you. She will have to submit proof of hardship and try to obtain a perm. residence on her own after the divorce. If you want to he…
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United States No. Marriage is a legal arrangement under civil law. That means marriage in the United States is restricted and governed by state laws. Therefore, in order to be considered legally married the parties must meet all the requirements for a valid marriage in the state where they will be m…
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The best way to get it back is to start doing some of the things you used to do when you were in love. Kiss, hug, go on picnics, have fun, cuddle, take a class together, etc. Turn off the computer, TV, phone, blackberry, etc. Kiss and hug goodbye in the morning. In marriage, we tend to get caught up…
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I'm sure you can. Go to the court house and file divorce papers and fill out everything that you can. They will tell you what you have to do.   A friend of mine had the same problem. in most places they will post an ad in the paper of the last known place your spouse lived. if they do not r…
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I believe you would need to call the office where your marriage license was issued, and ask them about the laws in your state. In some states you would still be married, regardless of the SNAFU. I had this happen - and the lady at the office in the courthouse said "If you intended on getting mar…
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no, your fiance has to be divorced first before he could marry another. if you forced to get married despite the divorce not granted, your marriage to your fiance is a void marriage -- not legal and existing from the start, and if you get pregnant and got kids, your kids will be illegitimated childr…
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It sounds like you are only currently staying with your husband now because of your kids. If the situation is that unpleasant or if there is any verbal or physical abuse involved, get out of the marriage. Your children could be more damaged by witnessing the anger between you and your husband, rath…
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United States I am an attorney who practices in family court. Most states are "no fault" divorce states in which you can merely assert that the marriage is "irretrievably broken" as a basis for a dissolution of marriage. Now, if the other partner answers the petition in writing to the court denying …
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Answer No, I don't believe it is. You have to file the license to officially be considered married. Each state probably has a different amount of time to file before it won't accept it anymore.
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You can check for both marriage licenses and divorce decrees with the county clerk's office. Check for a marriage license in the county he was married in, then check for a divorce decree in this county and all other counties in Florida. If you found a marriage license, but could not find a divorce d…
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No. Marriage between first cousins is prohibited in Michigan. See link provided below for a complete state listing. Notes from FAQ Farmers: If you you do marry your cousin and have children, the possibility for a birth or genetic defect will increase; nevertheless, according to a scientific report, …
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The definition of legal separation depends on your state. Generally, a legal separation is a court decree recognizing that a married couple is living apart and regulating the couple's mutual rights and liabilities. The most important factors are that the couple is still married, can still hold their…
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Check the divorce laws for both your State and and your County. (Search Google for "Michigan Washtenaw".) Many States are "no-fault". New York favors the husband. In California you can be "Cruised" if your husband files for divorce prior to your tenth anniversary. (To be "Cruised is to have spousal …
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Answer It depends if it involves a business, property. If it's just a straight divorce and settlement your lawyer should have made arrangements as to when you received the settlement. If there is a business or property involved this can get you involved with taxes as well. It's best you se…
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You have asked an excellent question. The ownership of real property, how it would be divided if sold and what happens when an owner dies is all determined by how the property is titled. Joint Tenancy allows two or more persons related or unrelated, married or not, to own property with each owning…
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A person(s) file for a divorce in the state where they reside. Marriage and divorce decrees are shared venues between states. Meaning if a marriage is legal in Florida it is legal in N.J. and the dissolution of the marriage can occur in N.J. You can only file for divorce in FL if you are a current…
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Answer You may be able to get anullment instead of divorce. Go to a legal library and research data.
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Answer It can take a few months to a couple of years. If you have children, property, money invested, cars, or a business this could take quite sometime, because one party will argue with the other. Usually it's split in half, but if there is a company involved this can get very sticky. If…
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Answer the age limit is 18 Answer 18 without parental consent. 16/17 with parental consent. Under 16 requires court approval. Answer (06/13/09) Why would you want to? It is a statistical fact that relationships involving people who co-habitat and/or get married prior to age 24 have an 85…
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It is my understanding that if is is legal in the state you are married, it will also be legal when you return to your home state. I know people that married in one state because they couldn't in the state they lived in.  Answer2 That depends on many things, first if your talking about g…
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Divorce While Pregnant   If you meet the residency requirements for filing a divorce in Arizona (90 days), you can proceed in filing a divorce. (Pregnancy does not prevent a person from filing). However, the Court may delay entering the Decree of Dissolution until after the child's birth. …
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Definition: civil annulment A civil annulment is a declaration, by the state, that a marriage never existed even though a ceremony took place. There are limited grounds such as: failure to consummate, insanity, mental incompetency or one (or both) parties being under the legally required age. Natio…
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Answer If your business is incorporated, a partnership, or an LLC being taxed as a corporation or partnership, the IRS cannot assess you personally for 941 taxes without assessing the Trust Fund Recovery Penalty. This penalty can only be assessed against a person who was both "willful" and "respo…
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Answer It varies from person to person and depends if there are children, properties or a substantial amount of money involved. In British Columbia, Canada, once you have been separated from your spouse for 7 years you can request a divorce document (as long as you have not had anything to d…
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Answer Uncontested Divorce means that there are no contested issues in dispute between the parties. All factors, i.e. marital home, assets, debts, custody, visitation, alimony, child support, even the family dog, have been amicably resolved between the Husband and Wife. Parties have the option …
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If most states, you do not need to prove "fault" to get a divorce or legal separation. She can hire an attorney and proceed however she deems fit.  She has every right to proceed with the divorce. She does not have to have your permission to get a divorce.  She does not need your signatu…
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Answer Property and divorce laws vary from state to state. The division of property depends on many factors such as whether you live in a community property estate, if the property was acquired during the marriage, etc.
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The same way any divorce is obtained. People who are in jail (or being detained) can be served documents pertaining to divorce, lawsuits and so forth. If the marriage is legal the divorce petition can be filed in the state where the couple has established residency.Make sure you file the divorce whi…
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Simply file for divorce in the city of your habitual residence. Where you have lived the longest together is what matters most in determining jurisdiction. ...or just have them deported! Ending a marriage is never an easy task. The overall procedures associated with a divorce case in Pakistan are…
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Answer No, being married outside of the U.S. will not create a problem in obtaining a divorce.
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Answer There can be no "automatic" divorce,although abandonment can be used as a viable reason for the termination of a marriage. Regardless of how long the couple have been separated a divorce petition must be filed and the proper procedures followed.
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Answer Florida law does not require a separation period before obtaining a divorce. Perhaps you are referring to the Marital Separation Agreement, which is the process of distribution of joint property/assets.
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Answer Several problems might arise because of the "undocumented" issues, which would probably void the possibility of a divorce. However, under regular circumstances persons who were married outside of the United States may indeed be divorced under the laws of the state where they have estab…
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Divorce Laws in Arkansas You cannot get a divorce in Arkansas if the woman is pregnant - even if the baby is not the husband's. You must wait until the child is born, and paternity is established before a divorce is granted.
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Answer Yes, a person serving a sentence in a state or federal facility can have divorce petition (or other legal actions) served upon them, and has the legal right to respond through the prescribed facility regulations.
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Answer Typically speaking yes, living separately does help the validity of the case however if you live in Louisiana with your wife under her stepdad's roof he might demand she sign an "annulment" so under those circumstances yes you can be divorced and live under the same roof. To know for…
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Answer Assuming that you live in the U.S, regardless of how long he's been separated (even if it's been decades) he is still married until he goes through the legal process to obtain a divorce.
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Answer Yes,the green card holders can get a divorce even if they are married in India. The only requirement is you should be resident of the same county for the last 6 months. You do not even have to be a green card holder for this purpose. However this divorce may not be a accepted by the …
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Technically, there is no "legal separation" in the state of Texas. So one doesn't need to be separated for any amount of time to file for a divorce. One can just file at will. You can still be sharing a residence and have your spouse served. You have to wait at least sixty days before you can go to …
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An uncontested divorce is similar to a summary divorce except that the parties can have children and considerable property and assets to be distributed. What makes the divorce "uncontested" is that both parties have already addressed the issues of property division, alimony and custody, visitation a…
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you can call the courthouse in the state and county you were married in, they can tell you if your spouse filed for divorce.
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A person from Mexico that is currently here in the US and would like to get a divorce from a spouse in Mexico can file for a divorce. They must provide:name of spouse he/she would like to divorce still in Mexico, address, and provide information on how long applicant(person filing for the divorce i…
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If you never got the marriage licenses then you were never married. So you don't have to file for a divorce. However if you fight over things like who gets what you will probably end up in small claims court or something of that nature. STOP! It depends on where you live!Do a search on Google for y…
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Answer You must make an appointment with the Warden and then it will be taken before a Board. Usually you will be granted a lawyer from the State to start divorce proceedings. Your request is very common. Sorry to hear about your problems and hope it all works out for you in the future. An…
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Answer Contact "Vital Statistics" Answer Write to: CA Office of Vital Records M.S. 5103 P.O. Box 997410 Sacramento, CA 95899-7410 I recently requested a birth certificate and found a postcard in my mailbox about 2 weeks later from the State. It informed me that the average proces…
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Well in FL you can file a petition for dissolution even if you are "indigent". This means you do not have the money to pay and you fill out the forms and they verify you do not have the money , then your petition is allowed to be filed free of charge. Just get the information fomr the CLerk of COurt…
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First, you need to file a petition for divorce, and then you are required to have a conversation with a divorce lawyer about your case. The divorce lawyer will explain your legal rights and available legal options to handle your divorce case in an effort to obtain positive results. During divorce, y…
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In most states you have the option to file a "divorce by publication." Here is the basic steps.1. Go to your local newspaper and put a divorce notice ad in the classified section. 2. Mail the divorce notice to the last known address of your spouse. 3. Wait 30 days and get a letter from the newspaper…
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Marriage to an Illegal Alien Very few states have laws that do not allow the marriage of a US citizen to a illegal foreign national. The non citizen must have the proper indentification, however, and that would include a valid Social Security number. If the person can supply the required identificat…
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Normally it's not possible because he has to be dead to have a widow. It might be possible to be declared legally dead, which would result in a legal divorce and inheritance. So then technically anyone who later turned up actually alive might have to remarry his spouse, assuming she had not married…
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You don't but they inevitably will.
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I filed for a divorce in Sept of 2008 but filed for a default in April of 2009 would the courts deny the entry for default and the respondent was served in Nov of 2008 if I filed it in April of 2009 being that so much time as passed or would the divorce go through in the time allowed? of six month…
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No. You may want to speak to a local attorney who can advise you on spousal privilege and your rights if you are a crime victim.
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Professional Corporation.
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If the answer has to start with scr, spr, str, or thr, then its THREE.
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SMILE (Start Making It Livable for Everyone) is an educational program for parents who have a pending divorce. This is a court ordered program so both parents are aware of the effects of divorce on the minor children in the home. The "certificate" is issued when the parent(s) complete the training.
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not yet
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Yes, they can depending on the circumstances. * If the person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person, then yes a spouse could be accused of stalking. The feeling of fear must be one…
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Divorce has a variety of adverse effects on children. Generally, their reaction can be strongly influenced by the manner by which their parents handle the divorce. Everything has changed for them. Their lives are disrupted. Their lives have become unstable. They fear what will happen to them without…
Popularity: 144
If you have a trust fund, you should be able to hire a lawyer, and I suggest you do. Even if the trust is not paying out at present, she may be able to collect on future payments. Especially if you have children in common. Answer/ClarificationAny financial obligations you owe your ex-wife, such as…
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In the United States it is illegal to have two husbands at the same time that is called bigamy. You can only be married to one person at a time.
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Where polygamy is illegal it is illegal to marry someone's husband. If this man is someone's husband, he is not permitted to marry anyone else. However, if your mother's sister (your aunt) is deceased you could marry her husband in most countries. He is not related to you by blood.
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