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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.

16,117 Questions
Law & Legal Issues
Divorce and Marriage Law
Marriage

Is it illegal to have 2 husbands at the same time?

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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Divorce and Marriage Law
Citizenship and Marriage
Immigration

Can a US citizen legally marry a person who is in the country with a tourist visa?

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.

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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 process.

Here is information on how to obtain a K1 Fiancee Visa

http://fianceek1visa.blogspot.com/

www.visajourney.com

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Divorce and Marriage Law
Breakups

What is the best way to get a narcissistic husband to agree to a divorce?

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 your husband's behavior but stick to the helpful facts, don't dwell on it and don't whine about it. Just get your divorce and the best separation agreement possible.

Following are some suggestions about how to deal with a narcissist. Perhaps they will help you in your future dealings with him.

First, you should read up on the disorder. There are dozens of good websites sponsored by well known hospitals and other respected institutions that sponsor web pages devoted to narcissism and narcissistic personality disorder. Narcissistic behavior is predictable. If you have a good understanding of narcissism you will have the tools to deal with it more constructively. Here are a few pointers:

  • Keep your distance- don't get too close and do not let them into your personal life. Do not share any personal information to the extent possible.
  • Be practical about the disorder- you won't change them so step back whenever their narcissistic behavior rises to the surface.
  • Avoid conflict generally, but
  • Define some limits- in some cases by not responding to inappropriate behavior you reinforce it- for example: if you must have continued exposure to the narcissist do not allow him/her to "tell you off", raise their voice at you, or treat you with disrespect.
  • Do not try to argue or reason with them- your winning or convincing is counter to their world view- they will not allow it.
  • Gain more understanding to enable you to work as constructively as possible.
  • Maintain your own social contacts so that you can minimize the time you have to spend with the narcissist.

See related links.

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Divorce and Marriage Law
Gospel Music
New Testament

Did the angels save St. Paul in jail?

Acts of the Apostles contains quite a number of conscious parallels between the apostles Peter and Paul, but in each case the event involving Peter is always more awe-inspiring and more worthy than that involving Paul. One example has Peter released from prison twice by angels, who in one case accompanied Peter from the prison - there was no doubt about the extent of divine assistance Peter received in his escapes. Paul was released from prison by a timely earthquake that arguably need not have been of divine origin, furthermore he did not make good his escape. So, Paul was not saved by angels.

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Law & Legal Issues
Divorce and Marriage Law
Citizenship and Marriage
California

Can you be married but not legally married?

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 married.

A legal marriage bestows a host of legal rights under state and federal law, benefits and obligations. The most important of those legal rights are related to inheritance, health insurance, government entitlements and child custody. The children born of the marriage will be considered legitimate and both parents share all the rights and responsibilities of parenthood. In the case of a couple who is not legally married, the mother is considered the custodial parent unless the father establishes his paternity in court.

Religious clergy, along with many other civil officials and civilians with permits, are permitted by the government to perform marriage ceremonies but only when the parties have obtained a civil marriage license. A couple who has only a religious ceremony is not legally married.

Several states still recognize common law marriages. However, common law marriage generally does not always bestow all the legal rights as formal marriage.

See related links.

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Divorce and Marriage Law
Home Equity and Refinancing
Debt Collection
Property Law

If you marry outside of a Community Property state and then move in together as husband and wife are you exempt from the debts of the partner that were incurred before wedding?

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 generally can not pursue you directly unless you have a contract with them, only the divorce court can make you responsible for debt solely in your spouse's name. In some states there is an exception for medical expenses. In tax law there is the 'innocent spouse' exemption. For instance, if a spouse owes back child support that was court ordered, and your joint federal tax refund is garnished you would be eligible to file to exempt your part of the refund. Here are more tips: * Generally a spouse cannot be held responsible for any debts incurred by the other before the marriage. However, creditors have been somewhat successful holding a spouse responsible for the other's pre-marital debts if the couple were married and reside in a community property state. If faced with this type issue the spouse who did not originally incur the debt should use an "innocent spouse" defense in a lawsuit or as an appeal of an awarded judgment. * However, responsibility for past debts aside, their credit rating will follow you both as you try to buy a house and so on. I would insist on cleaning up any past issues (including any debts owed that show on the credit report that belong to an ex-spouse and judgements) before marriage. It is so much better to start with a clean slate and move forward.

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Divorce and Marriage Law
Celebrities

How many times has heather locklear been divorced?

A few

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Divorce and Marriage Law
Debt Collection
Property Law
Deeds and Ownership

Is Ohio a community property state?

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 the action creates a substantial "hardship" to one party. There are some exceptions to the division law; property such as personal injury awards, inheritances and so forth belong solely to the spouse that was named in the action. In addition, all property acquired before the marriage or during a separation is considered to belong solely to the spouse who acquired it.

What if the couple is not married and have no children and one is asked to leave their home?

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Divorce and Marriage Law

Is it legal to marry your second cousin in Michigan?

Yes.

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Divorce and Marriage Law

Did Bernard Madoff and his wife Ruth divorce?

Bernie was divorced from his wife Ruth in 2000

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Custody
Divorce and Marriage Law

Can my wife keep my children away from me when we don't have a custody agreement?

Yes, she can. You would have to get a court order. Otherwise, you could try to reach an agreement where the children can come visit--best without coercion in terms of support and in response to her specific requirements, if reasonable.

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Divorce and Marriage Law
Psychology

What is the divorce rate among psychologists?

40%

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Custody
Divorce and Marriage Law
Child Support

Will a court take into account your new spouse's income when determining child support?

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.

AnswerFrom what I know, it is only the father's income that matters. Your income shouldn't matter at all. But if the court decides it does, then your husband's income would be included, because you are a family now. Answerto my understanding, your husband's income should have nothing to do with your child support. the child support is for your child and you ex has a responsibility to that child. whatever your husband contributes is extra and really none of your ex's business AnswerI can personally attest to the fact that a new spouses income should and usually does not come into play in any way as the new spouse has no ties to you and your ex's children unless the new spouse adopts your children and then that may be a different situation.

Usually the only time a new spouses income comes into play would be if new spouse if very well off and you are not working outsid of the home and have access to new spouses $$. You and new spouse are living in excess (new cars, new houses, vacations). Then the courts may take all of this into light and reduce some child support.

I would suggest if you are worried about a new spouses income may affect your child support that you keep all $$ separate, accounts etc. so that if the question does arise you can show a clear deliniation of $$$.

I know all this is a pain but some ex's paying support think that because you remarry well that somehow this entitles them to a reduction in support for your children.

Keep $$ separate is what I say and it will help out alot when the ex drags you to court trying to show that "you" (actually your children) don't need to be supported by "dad or mom" any more because stepdad or mom is loaded. The nerve of some people...

AnswerIt depends on State law. In Oklahoma, the new spouse's income is immaterial. In Washington State, the new spouse's income is included. You need to check your state law.
198199200
Pregnancy
Divorce and Marriage Law
West Virginia

Can you get a divorce if you're pregnant in Arizona?

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.

It depends on the state that you live in. You need to check the state laws.

One contributor has said that in the state of Ohio you cannot get a divorce while you are pregnant.

Here is more advice:

  • Yes you can get a divorce. There is nothing to stop you, you have custody of the fetus for now. But just be prepared that if he is unhappy about all of this, it will be a long hard haul getting through the process.
  • Only after you do everything you can to save the marriage. If you communicate openly and honesty, and if you're both willing to work and sacrifice for your marriage, then you can find happiness together anew.
  • It depends on what state you live in. There are states that will not allow you to get a divorce if you are pregnant, and in those states you have to wait until after the child is born before a divorce will be granted.
  • PLEASE check local laws about this. Arkansas, for example does NOT grant divorce, even if the child is NOT the husband's. My advice, check local laws, gain "legal residency" in another state that does (an address, mail, bills, and a drivers license... all mail going there, even a credit card... even if you do not live there... after 6 months, you are a resident, and you can divorce there.

And I would advise that you ask for child support

200201202
Divorce and Marriage Law
Prince Charles
The Difference Between

Can you get married if you're from Mexico and are still married but have been separated for the last 5 years or what will you have to do?

You can file for divorce in a court of law and it is up to the legal system to find your spouse and serve him the divorce papers. You could also check on the internet www.google.com and ask "what is the statutory time frame for married people to no longer be considered married? In Canada it's 7 years and any man/woman (as long as there was no money exchanging hands re support or no contact) can have the marriage made null and void. Marcy

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Divorce and Marriage Law

Why did leeland mooring divorce his wife?

He did not divorce his wife.

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Divorce and Marriage Law
Citizenship and Marriage
Immigration

How do you get a divorce from an illegal immigrant who has left the US?

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 respond within 30 days, you can have the divorce finilized without them. good luck, i hope everything works out for you.

In the UK you can apply for a divorce without knowing the whereabouts of your spouse but it is well worth checking to see if they have actually divorced you first :) When you apply via a County Court you can check this out. Also, you can search the electoral roll. Please be *absolutely* sure you hve the right person before you start having papers served on some poor unsuspecting soul.

You have to file a contested divorce. Even if you find out where they are and cannot get them to agree to a divorce you can still get it. It takes longer and sometimes costs more than if both people become involved, but it can still work. It usually takes around six months to get it finalized where a non-contested divorce can be final in three.

Additionally, it is called an "Abandonment of Marriage".

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Divorce and Marriage Law
Debt and Bankruptcy
Children and Divorce

How will filing for divorce affect a Chapter 13 bankruptcy?

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.

197198199
Divorce and Marriage Law

Does adultory mean anything in a divorce?

In some states it can also speed up the divorce. For instance, in South Carolina the couple is required to be separated for a year before they can get divorced. In a case of adultery, the divorce is final in three months.

yes it can be the means for the court to grant the divorce even if the other party objects

Answer

Yes, a person gave a committment, to love, honor and cherish and adultery does not reinforce any of those. All states have different laws about adultery and its meaning. The person filing for divorce has to prove the adultery took place and it becomes a factor in the judges decision.

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Divorce and Marriage Law
Court Procedure
Divorce Documents

Can you file for divorce without attorney or contacting your spouse if he lives in another country?

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 are many issues that might be on the table - Child Support, Equity in the home, alimony, value of other assets, etc.

Additional Opinions From Contributors

  • You can file a contested divorce. If you're good with paperwork then you can do it on your own. But if you're not, you probably need to get an attorney. I filed my own divorce without a lawyer or anything and the hardest part for me was finding all the right forms, but there are places online you can get them for a small price or if you're willing to work a little harder you can get them for free.
  • If you file it yourself, all you have to do as far as notifying the other party is when the papers are filed you have to send them registered mail to the last known address.
  • You can always file a divorce petition if you are competent enough to draft a divorce petition and know all the technicalities about the legal procedure and can face their attorney in the court of law.
  • You do not need to file a contested divorce if the other party is not contesting the action. Also, if you have done your due diligence you only need to motion the court to serve the other party by publication. The court will give you an order to take to the metro paper or publication in your area and you provide the notice to the other party that there is a pending action filed against him/her.
In India:In India lawyers are not allowed in the Family Court as per the provision of the Family Court Act. You can get your petition drafted by anyone and file the same in the Family Court. A Notice will be sent to the Respondent at his address reflected on the Petition by a messenger from the Court, who will submit his report to the Court. In case the messenger fails to serve the notice on the Respondent, he will submit his report along with reasons to the Court. When the Court fails in serving notice to the Respondent then the summons for appearance is published in a local news paper where the Respondent resides. If The Respondent fails to appear after the publication of notice in the local newspaper the Court Proceedings start ex-party and a ex-party decree is passed by the Court.
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Mental Health
Divorce and Marriage Law
Court Procedure

How do you expose a pathological liar to the courts in a divorce proceeding?

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 researcher shows only 1 case in 1000 in incarcerated juvenile offenders- a very high risk group- this would mean the general population would have far fewer), that the diagnosis is extremely controversial at best (meaning that few in the mental health field consider it a "condition" worthy of study or research) and the nature of mythomania is to lie at all times and with no discernible motive, not simply when it profits the sufferer to do so.

Unless your spouse has a diagnosis of mythomania from a competent clinician, any judge is likely to consider your insistence that he or she is so as an act of histrionics on your part.

It's very difficult. Only correspond with the liar through e-mail so that you have everything in writing and proof if you need to show it. Do not have phone conversations with the liar. I made that mistake. Only correspond in writing or through attorneys, period.

Am going through this at the moment. Best way to expose is to obtain every single thread of evidence to disprove statements being made. Thia can be by way of credit card and bank statements, reciepts of purchases, calendar entries, even looking at when documents were created on a PC will give you an indication of events at that time. Also don't forget photographs, home videos, videohire listings, utilitiy and phone bills, right down to Dr's & prescriptions etc.

Also, I have a ton of friends all writing letters detailing their own experiences with the woman and their perceptions. This gives courts a "helicopter view" of the whole situation.

Does it work? We'll my 6 yr old son and I sincerely hope it does in the end.

Regards

Get a voice recorder, they cant deny the voice they own & people are most likely to really "go off" in person or on the phone. But check your states laws on recording. I have one I use every time I speak with my ex, it's small enough to fit in my purse or pocket, cheap to but worth millions.

(06/13/09) The use of a recorder depends on state law, but also you need to transcribe the tape. A recording can be prevented from entrance as evidence, until they commit perjury, but you can enter the transcription. You read it to them while they are on the stand and ask them to confirm it. If they deny it, than you hold up the tape. You may not even need to enter it into evidence as they their reaction may be enough.

If it is legal to tape in your state, always use new tapes, never tapes used previously. Be sure the state date, time, and conditions under which the recording was made, at the end.

195196197
Divorce and Marriage Law
Catholicism
The Difference Between

What are the requirements for the annulment of a marriage?

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.

National or state laws where the marriage took place also affect the possibility of an annulment being granted. In some US states there is a specific time limit pertaining to annulment proceedings. Those seeking a civil annulment are normally advised to consult with an attorney who specializes in domestic/family law. Obtaining a civil annulment does not permit a Catholic to marry again in Church.

Definition: ecclesiastical annulment

An ecclesiastical annulment (decree of nullity) is a similar to a civil declaration, but concerns the sacramental validity of a marriage; however, a canonical decree of nullity has no effect on the legality of the marriage and thus the legitimacy of children is not affected. A decree of nullity frees a Catholic to marry in Church unless conditions are imposed (see below).

Church Procedure (conditions)

To seek an annulment, a person must file a request with the Church court (tribunal); larger dioceses normally have their own tribunal while smaller ones usually share a tribunal. There is no canonical limitation on how long after a marital breakdown occurs that a person may seek a decree of nullity. It is normal that a person has already obtained a divorce before seeking an annulment. Although this is not a requirement, many tribunals will not accept a petition until a divorce has been obtained. The reason for this is to prevent a person undergoing another marriage while still being married according to the civil authorities.

Church Procedure (format)

It is normal that the first person approached would be the priest of the parish in which the petitioner resides and he either presents the case or refers the petitioner to a member of the tribunal. The procedure varies from diocese to diocese.

Once a petition has begun the person seeking an annulment (petitioner) is interviewed at length, and usually completes a form containing a series of relevant questions. Two, or more, witnesses are sought and interviewed. Ideally, these people have known both spouses before the marriage and maintained contact afterwards.

The other party (the former spouse) has the right to be informed that a decree of nullity is being sought, and the tribunal sends notification. If there is no response, or no objection raised within a specified period, the case proceeds. If the other spouse (the respondent) replies with objections, the tribunal then appoints someone to conduct an interview. Often, but not always, it is the same person who interviewed the petitioner.

Once the testimonies of the petitioner, the witness and (if necessary) the respondent are completed, the person presenting the petition to the tribunal writes a summary. All documentation is then handed to the tribunal for the judges to render a decision. Whatever the decision, it is automatically sent to the Court of Appeal in another diocese; this is to ensure fairness. All concerned are informed of the decision.

The annulment frees both parties to celebrate marriage in Church. Bearing in mind the reasons for granting a particular annulment, the tribunal may impose restrictions on one or both couples e.g. that psychological counselling be undergone. A tribunal may also bar someone from undergoing marriage in the Church e.g. if the grounds for the annulment were due to one partner being homosexual.

Grounds for a decree of nullity (annulment)

Some grounds for the granting of a decree of nullity are:

Being under the canonical age, impotence, consanguinity, lack of intention to be faithful, lack of intention to have children (sterility is not a ground), psycho-sexual incompatibility (e.g. abnormal sexual demands or one person being homosexual), psychological abnormality, lack of consensus ad idem (e.g. a very different understanding of marriage), deception (e.g. marrying simply to obtain an inheritance upon the death of a spouse), Pauline privilege (when 2 non-Christians marry and one subsequently becomes a Christian, resulting in the breakup of the marriage).

191192193
Divorce and Marriage Law

Where in Utah is monogamy legal?

Monogamy is legal in all 50 states. Maybe you're trying to ask about polygamy?

193194195
Divorce and Marriage Law

Can you sue for alienation of affection in Oregon?

No.

189190191
Pregnancy
Divorce and Marriage Law
West Virginia

Can you get a divorce in Arkansas if you're pregnant?

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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