Divorce and Marriage Law

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.

16,116 Questions
Tax Forms
Divorce and Marriage Law

If you don't owe any taxes do you have to file for an extension just to file the paperwork after the April deadline?

No, you don't need to file an extension if you don't owe the IRS any money. You only need to file an extension if you need more time to pay.

The current law is you have three years to file for a refund and after that you forfeit it to the IRS. The IRS does not charge penalties to people that are owed refunds even if they are filing after due date (usually April 15). Just make sure you file within the 3 years.

But if you owe money, even if you file an extension, if you do NOT pay by April 15, then you will owe interest and penalties on the money you owe. The extension is form 4868 and can be filed online through IRS.gov e-file, or by mailing in the form. The extension is NOT an extension for time to PAY, it is just an extension for time to file.

Even if you are owed a refund, the IRS says that you are "required" to file if you made over the standard deduction. But in all reality, if they owe you money, they don't want to see you get it. If they owe you money, they don't care when or if you file, but they do like to keep tabs on you. There will be no penalties.

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Mental Health
Divorce and Marriage Law
Criminal Law
Stalking

Can a spouse be accused of stalking?

No. He is your spouse. Find out why he is acting this way and fix it.

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Law & Legal Issues
Divorce and Marriage Law
Salary and Pay Rates
Lawyers

Why do some lawyers have a PC after their name?

It means professional corporation. Basically liability protection.

Some other examples:

A Law Corporation name must include an ending designation such as: A Professional Corporation, A

Professional Law Corporation, Professional Corporation, Professional Law Corporation, Law

Corporation, APC, A.P.C., PC, P.C., Prof. Corp., A Professional Legal Corporation, Professional Legal

Corporation, A Legal Corporation, Inc., Incorporated, Corporation, A California Professional

Corporation, L.C., Ltd., Limited, P.A., and Professional Association.

LLP, PA, LC, APC, PLC, LLC etc.

The designation rules vary by state.

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Divorce and Marriage Law
Civil Lawsuits

Can you sue someone for breach of promise?

Mr. Kluss' answer is completely correct, but let me add this. There do exist verbal contracts in other contexts (as well as, of course, written ones). One of the main differences, is that they are harder to prove because the parties may testify to differing terms of them. But like a written contract, a verbal one can only exist if there is an offer, an acceptance that mirrors the offer, and consideration. Consideration is something of value that binds the parties. Consideration can even consist of a party's agreement to refrain from doing something he/she/it had a right to do, or doing something that they did not have to do.

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Divorce and Marriage Law
Cheating
Marriage

Should you stay in a marriage with a jealous husband even though you've never cheated because you have young children?

Answer

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, rather than living with you in a one parent household. Children are far more aware of what is going on between than parents than the parents would like to believe.

I would sugggest privately contacting an attorney about filing for a divorce. Try to be as amiable with your ex husband as much as can, as long as he has been a good father to your children. Make it clear to your kids that both you and your ex love them, but you and their father have differences that require that you not live together anymore.

Answer

I don't know how long you have been married, but if not for too many years or not long, these are just some signs of the control freak he is. It won't get better and in time you will have gotten dumpy and miserable. He'll take and take and take until you have lost who you are from within.

My husband is a really jealous guy..i have a baby with him and ive never cheated..i think that men that are like this are just insecure..he just wants you to be his and only his..

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Divorce and Marriage Law
New Jersey
Same-Sex Marriage

Is same-sex marriage legal in New Jersey?

Yes.

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Divorce and Marriage Law
Lawyers

How much will it cost to complete LLB?

Depends on the University and the year. This year your looking to spend about 3200-3600 for a good university. At a top one it could cost anything up to nine thousand a year. On top of this you will have to pay for your text books and unfortunately they are ridiculously priced some going as 200 pounds!. If your looking to then go further as a solicitor or a barrister that's another nine to ten thousand for the extra two years but that will probably include your text books.

However don't let the fees put you off its a good career and will pay brilliantly at the end.

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Divorce and Marriage Law

What does separate property state means?

Briefly it means that legally married people can own property in their own, sole capacity, even when acquired after marriage. Their spouse is not automatically given any interest in that property as they would be in a community property state.

Briefly it means that legally married people can own property in their own, sole capacity, even when acquired after marriage. Their spouse is not automatically given any interest in that property as they would be in a community property state.

Briefly it means that legally married people can own property in their own, sole capacity, even when acquired after marriage. Their spouse is not automatically given any interest in that property as they would be in a community property state.

Briefly it means that legally married people can own property in their own, sole capacity, even when acquired after marriage. Their spouse is not automatically given any interest in that property as they would be in a community property state.

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Divorce and Marriage Law
Sociopathy (Psychopathy)

How do you expose a sociopath?

You don't but they inevitably will.

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Divorce and Marriage Law
Math and Arithmetic

Fifteen is to five as nine is to What?

If the answer has to start with scr, spr, str, or thr, then its THREE.

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Divorce and Marriage Law
Scotland

Can you marry your second cousin in Scotland?

Cousins are permitted to marry in Scotland

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Divorce and Marriage Law

Your husband doesn't know if he wants to be with you. What should you do?

Opinion

It is likely that someone else has caught his attention, he's infatuated, and he is doubting his relationship with you. You should ask him to move out until he decides whether he wants to work on your marriage or end it. He should not stay with you in marriage, with all the benefits of marriage, while he is making up his mind.

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Divorce and Marriage Law

Denied default divorce?

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 months this is in california.

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Custody
Divorce and Marriage Law
Children and Divorce

How does a divorce affect children?

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 both parents in the home to care for them. Some think the break up is their fault. There is no more "family" time with both parents present: trips, vacations, parties, school functions, sports, etc. There isn't enough money to go around. They don't see enough of the non-custodial parent. The custodial parent probably needs to work more, worry more about family finances and has less time to spend with the kids. Home life is more stressful as a result. In some cases they become the victims of bullying at school.

They worry when their parents can't get along with each other and any discussions end in a fight. Some bitter, immature, self-centered parents play the children against one another or try to alienate the child against the other parent. That can destroy family relationships forever. In many cases children are uncomfortable with sharing their parents with new partners that may come and go. Visitations can be a problem when there's a new spouse or partner who the children do not know well or even like.

We know that some children of divorced parents have more emotional and behavioral problems and do less well in school than children who live with both their parents.

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Divorce and Marriage Law

Is marrying two people legal?

not yet

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Divorce and Marriage Law
Legal Documents

How do you dismiss personal protection order?

You need to speak with someone at the court that issued the order.

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Divorce and Marriage Law
Emancipation and Ages for Moving Out
Citizenship and Marriage
Immigration

What are the legal requirements to marry a US citizen for a foreign person in the US on a visa permit?

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 American, than you will need to apply for a fiancee visa.

Note however, that if you want to apply for a green card through marriage in the U.S. after the wedding, you shouldn't be on a visitors visa, since otherwise you will have to prove that you did not enter the U.S. with an intent to get married.

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Divorce and Marriage Law
The Difference Between

What is the difference between divorce and legal separation?

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 real property as tenants by the entirety (if one dies the property automatically belongs to the survivor), may each have the right to make medical or funeral decisions for the other, and each will be the surviving spouse of the other for purposes of inheritance. If one dies the other will inherit as the surviving spouse.

A divorce changes a couple's legal status in relationship to one another. Their marriage is legally dissolved. Once the decree has been entered each party relinquishes any future claims against the other or their estate except for matters related to child support. If the couple owns real property the tenancy is reduced to a tenancy in common. That means if one dies their half interest passes to their heirs at law under the state laws of intestacy or under the terms if their will. A former spouse has no rights of inheritance.

In those states where a legal separation is not available, the parties may opt to live separate and apart pursuant to a separation agreement, which is essentially a written contract that defines their rights and obligations. Alternatively, they may live separately without such a formal agreement. However, in either case they are still legally married.

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Divorce and Marriage Law

What is a smile certificate in a divorce case?

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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Divorce and Marriage Law
Extended Family

Can you marry your mother's sister's husband?

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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Divorce and Marriage Law
Marriage
Proper Addressing

What percent of married couples get divorces?

78%

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Divorce and Marriage Law
Same-Sex Marriage

What should you do if your civil partner wants to annul your civil partnership and you do not?

In Western cultures you cannot force a person to stay married to you or to stay in a civil partnership. Your only option is to convince your partner to attend counseling in order to determine the reasons for their desire to leave and determine if the relationship can be saved. Otherwise, your partner is free to go.

The procedure depends on the laws of the state where you want to dissolve the union. If your jurisdiction recognizes civil unions or domestic partnerships then it will have dissolution laws, too. If you were registered in one state and moved to another you will need to check the laws of the state where you are presently domiciled. Keep in mind that state laws regarding civil unions differ and they have different procedures for dissolution. For same sex legally recognized relationships you must check the laws in your jurisdiction.

Some states do not recognize same-sex unions, and therefore will not grant legal dissolutions to such unions.

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Divorce and Marriage Law
State Laws
Pennsylvania

Is there a way a man and woman can get a civil union or domestic partnership that gives them the same rights as a married couple in Pennsylvania?

No. Marriage is a civil legal status that has the benefit of unique rights granted by the government under the law. If you want the benefits of a legal marriage then you need to get married legally.
As of 2014, Pennsylvania does not offer civil unions or domestic partnerships. In the United States heterosexual couples who want to enter into a civil union may only do so in a handful of states like Illinois, Hawaii, and Colorado. Pennsylvania is not one of them. However, legislation has been proposed in Pennsylvania that would provide reciprocity for civil unions performed legally in other states.


Therefore, a woman and man cannot acquire all the legal rights a legal marriage bestows without getting legally married in Pennsylvania. If you wish to remain unmarried you should consult with an attorney who can help you to draft and execute all possible legal documents to maximize the rights you can have as unmarried partners. You need expert legal advice on how to structure every legal aspect of your life including finances, property ownership, parenting, splitting up, etc. You should consider the following:


  • You must have reciprocal durable powers of attorney as well as durable medical powers of attorney.
  • You must make certain you have life insurance beneficiary reciprocity wherever necessary.
  • You must write a Will to ensure that your partner gets your property when you die.
  • Execute paternity statements to ensure that a father's parental rights are preserved and your child’s (if any) right of inheritance is established.
  • You can create a "living together contract" to avoid protracted court battles over property if you split up.
  • You should hold title to real property as joint tenants with the right of survivorship. However, unlike title as tenants by the entirety (the tenancy reserved for married couples) the right of survivorship can be severed.


Nolo publishes a book called Living Together: A Legal Guide for Unmarried Couples which provides dozens of written documents (both as tear-out forms and on CD) including a Will, Codicil, an agreement for a joint purchase, a home buyout agreement and more.
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Divorce and Marriage Law
Estates

Can your ex wife get any of your trust fund money?

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/Clarification

Any financial obligations you owe your ex-wife, such as child support or consideration for transfer of an interest in real estate, should be set forth in your separation agreement and court orders accompanying your divorce decree. Generally, as part of a divorce proceeding the parties execute a mutual general release agreement resolving all past and future claims and obligations between them.

You should review any documents provided by the court at the time of your divorce. If you don't have copies you can visit the court and request the file. You can obtain copies of the decree and agreement. You should also contact the attorney who represented you at the time of your divorce.

If you were not represented by an attorney at the time of your divorce and/or if you did not disclose your income from the trust, you need legal advice now. You should contact an attorney who specializes in divorce in your area who can review your situation and explain your options.

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Divorce and Marriage Law
How To

How to divorce a prison inmate?

It is possible to divorce someone who is in prison. The best approach in any individual case will depend on the laws of the state in which you live. Additionally, it would be beneficial to speak with a family lawyer in your state because of jurisdictional issues concerning where you can file for divorce. You will go through the divorce process in the same way you would if your spouse was not in prison (file the necessary paperwork, signatures, etc).

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