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The concept of a putative spouse is somewhat complicated but can be described and explained thusly;
A putative spouse is person who has cohabited with another in the good faith belief that they actually were married to that person, but to whom they are not, in fact, legally married
It is a marriage entered into in good faith, but invalid due to a legal flaw, such as the existence of a prior marriage(s).
Once the putative spouse attains knowledge of the fact that they are not legally married, this terminates their wedded status at that point and prevents acquisition of any further rights.
A putative spouse may acquire the rights of a legal spouse, including the right to alimony, after the termination of their status, whether or not the marriage is prohibited or declared invalid.
However, if there is a legal spouse (or other putative spouses), the rights acquired by this putative spouse do not supersede the rights of the legal spouse or those acquired by other preceding putative spouses. But, the court may apportion property, maintenance, and support rights among all the claimants as appropriate in the circumstances and in the interests of justice.
Inasmuch as the laws of all states vary - whether or not a particular states law addresses the issue of a putative spouse, and to what degree, is a matter of research into the particular state in which the questioner has an interest.
What else can I help you with?
Is Mail Fraud Law a Statute law Or a Substantive Law?
Statute law.
Does Florida have a putative marriage statue?
No, Florida does not have a putative marriage statute and, as a general rule, does not recognize putative marriages. In a rare case, though, as of the time of this writing, one Florida appellate court allowed alimony to a spouse upon the annulment of her "marriage" to a bigamist after the trial court found the she had been defrauded into "marrying" the man.
What legal implications arise from a putative marriage, and how does it differ from a valid marriage in the eyes of the law?
A putative marriage is when a couple believes they are legally married, but there is a legal impediment that invalidates the marriage. In the eyes of the law, a putative marriage may have legal implications for property division, spousal support, and inheritance rights. However, these implications may differ from those of a valid marriage because the putative marriage is not legally recognized. This means that the rights and responsibilities typically associated with a valid marriage may not apply in the case of a putative marriage.
What is a statute?
A positive law created by state legislature or congress
What do you consider a sister-in-law?
your spouses sister
What a statute?
A codified law.
What law is enacted by a legislative body?
Answer 1"Statutory" Law is enacted by Legislatures as opposed to "Common" Law or "Judicial" Law, which are created by Judicial or court action.Answer 2 If you are looking for the answer on the word search, the answer is LAWS.
What is the difference between judge-made law and statute low?
A statute law is made by parliament. Statute is legislation and acts. A judge-made law, or a common law, is a result of judicial decisions, decisions which originate from court cases.
Why is statute law superior to common law?
Statute law is considered superior to common law because it is passed by a legislative body and reflects the will of the people through their elected representatives. Statute law is also more stable and predictable as it is documented in written form, making it easier to interpret and apply consistently by legal professionals and the judiciary.
A law that has been passed by a legislature is referred to as a?
It IS called a LAW, or alternatively a Statute.
Does a judge follow a precedent or a statute law first?
Trial courts are required to follow the law as it is. In the US, the law is "ranked" as follows: Constitution Statute Case law Regulations Additionally, federal law "trumps" state law. So, if a court is faced with a statute and a case that are in conflict, the court must follow the statute. This is one of the ways that congress "checks" courts. If the courts make a ruling on an issue, but congress does not like the precedent, congress can enact a statute that changes the law.
What the common law duty placed on a promoter give one example of what this duty requires?
There is no such thing as "enforceable" common-law. Common law evolved long ago into statute law and it is the provisions of statute law with which courts must contend with today. Statute law (especially in the English-speaking countries of the world) is based on common law but no such 'common law' survives today which is not codified and set forth in statute law. Common law is NOT legally enforceable.
