Questions tagged [marriage]

Questions about the legal issues of forming, ending and living within a marriage.

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How can one not know their own legal marital status?

I saw this screenshot floating around for a California jury duty online questionnaire. Notice that "Not known" is a selectable option for one's marital status: I don't know why someone's ...
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2 votes
1 answer
111 views

Must we show our prenup agreement to the immigration office/officer?

If two person want to get marry together, but also like to have a prenup agreement as well, and one of the guys is on a non-immigrant student(F-1) visa, should they also provide their prenup agreement ...
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  • 409
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2 answers
103 views

Must couples divide only their joint properties after getting divorce or all of it?

Must couples divide only their joint properties after getting divorce? If the man buys a house or a car after marriage in his name, or has bank accounts or investments in his name, must he give 50% of ...
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2 answers
51 views

Should "Prenuptial agreement" be provided while getting marriage licence?

If two person want to get married and both are agree with writing a "Prenuptial agreement", should they provide it while they want to get their marriage license or there is no need to ...
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1 answer
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How is it legal to marry and impregnate a female under the age of consent?

https://www.youtube.com/watch?v=VB-BNlauWUs How is it legal to marry and impregnate a female under the age of consent? How can the guy not get arrested if he impregnated a female under the age of ...
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40 views

Does California recognize a foreigner's divorce in their home country?

Considering two people came into the US with F-1 and F-2 visas, while they both are foreigners and got married in their home country, if they get divorced in their home country using their embassy in ...
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  • 409
1 vote
1 answer
30 views

Can a f-2 visa holder request for status termination to re-marry a US citizen?

If someone came to the US with F-2 visa while she and her husband (F-1 visa holder) are not US citizens nor permanent residents, and their marriage happened in their home country, can she (F-2 visa ...
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  • 409
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1 answer
38 views

Should foreigners file divorce in the US if they would do it in their home country embassy in the US?

If two foreigners come to the US with F-1 and F-2 visas, while they got married in their home country, if they file a divorce request in their own country embassy and it gets approved and they get ...
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0 answers
7 views

Will F-2 visa holder lose her/his status the day s/he files divorce/summery dissolution?

I searched on the Google and found out both divorce and summary dissolution filing seem to take 6 months to be approved/legally accepted. So what would be the status of someone whose visa is a ...
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  • 409
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0 answers
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Declaring marital status in the US passport application form DS 11

I was just approved for the oath ceremony for US citizenship. While trying to complete the DS 11 form, I noticed that they ask about the marital status, date, etc. I don't have an issue with declaring ...
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2 votes
2 answers
393 views

Is it possible to keep your money after getting divorce in the US?

If an F-1 student in the US, gets married with a US citizen, how can he protect his money if a divorce happened in the future? Specifically if he has a plan to establish a company and run a business ...
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Should an F-2 visa holder leave the US after divorce even if she wants to marry with a UC citizen after that?

If an F-2 visa holder comes to the US with his husband(F-1) and they both aren't neither US citizens nor permanent residents and their marriage happened in a second country: Must she get divorce ...
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  • 409
-4 votes
2 answers
59 views

Can I be married to multiple people?

One person is from the US, one UK, one somewhere else All of the countries above allow dual citizenship if that's relevant. I won't be a US or UK citizen. I can marry them in the country where they're ...
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2 votes
1 answer
55 views

How does a court infer marriage in India?

Since in India marriages are not legal contracts, how does a court infer marriage in India? As living together is legal in India without marriage, having a biological child cannot be the proof of ...
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1 answer
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How is polygamy legally practiced in the United States of America [duplicate]

Let's say in this hypothetical scenario a man wanted to be married to multiple different women in the United States in the State of Tennessee. Would it be legal for the man to have a marriage license ...
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3 votes
1 answer
83 views

What are the conditions for common-law marriage?

This is inspired partly by this answer. According to "The History Of Common Law Marriage": A common law marriage is one where the parties cohabit with each other, have a mutual agreement to ...
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24 votes
4 answers
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Were USA states really this disconnected in 1964, and was bigamy really punished by death?

I've just watched the The Alfred Hitchcock Hour episode Three Wives Too Many from 1964. In it, a man has a wife in four different USA states, traveling between them constantly and keeping them secret ...
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1 answer
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If my mothers house is refinanced under my name can I evict her husband?

My mother has fallen under hardship and can no longer afford her mortgage payment. The realtor has a solution of refinancing under my name to have the mortgage come down to a more affordable price. ...
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6 votes
1 answer
473 views

Can B1B2 Visitor Visa Holder marry a person who has been waiting for her asylum interview in USA but alredy got her work permit and SSN

I am a Permanent Resident of Canada (Indian Passport Holder) living in British Columbia. My girlfriend has been waiting for her asylum interview in USA (State: North Carolina) but she already got her ...
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2 votes
0 answers
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Is there any state besides New Jersey that allows one to civilly remarry one's current spouse without divorcing?

A page from the New Jersey Health Department website states "For individuals who are currently married in New Jersey or who are married in another state or country, the option exists to reaffirm ...
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0 votes
1 answer
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Is there a legally valid way to replace a foreign marriage with a US marriage?

If a couple is married in a foreign country, their marriage is legally recognized in the US without being filed anywhere in its borders. Supposing they want to have a civil marriage filed in the US. ...
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19 votes
5 answers
8k views

If a person punches my wife and I am right there, do I have a right to punch that person, or use a singular subduing technique in response?

Background The other day my wife and I were ordering takeout from a restaurant. As we were leaving there was a really narrow doorway of people coming in and out. My wife, probably out of a mix of ...
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16 votes
2 answers
7k views

Is it a crime to have child outside of wedlock?

If a legally married man has a child with another woman, what are the consequences for that child? 1- Who will be the legal father of this child in the child's birth certificate? 2- Can this child use ...
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8 votes
2 answers
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Should I get divorce before I can marry again in the US? [closed]

I am in the US with F-2 visa. My husband and I are not US citizens or Green Card holders. We are here with F-1 and F-2 visas and our marriage happened in our home country. Now I want to marry with a ...
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9 votes
2 answers
2k views

What are the legal implications of a common-law marriage followed by a formal marriage?

A and B have been in a common law marriage for many years. A and C then apply for and receive a marriage license. When A and C marry, what is the legal status of each marriage?
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1 vote
1 answer
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Names on second marriage certificates in UK

Assuming a woman was married before and assumed her first husband’s name and never changed it back after her divorce, if she marries again, would the marriage certificate show her maiden name or the ...
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1 vote
2 answers
218 views

Is Web Wed legal?

My question is very simple: are marriages arranged through Web Wed legal? Specifically: Are such marriages fully recognized in the United States? With the apostille service, are such licences fully ...
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10 votes
1 answer
3k views

What is meant by the father and the bride test?

I have been watching a supreme court hearing, and there are certain things that I don't understand. I have also not been able to find what these things mean on the internet. I will ask them as ...
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4 votes
1 answer
122 views

Reservation category of people born out of inter-caste marriages

Background In India there is reservation (for government employment and admissions etc) based on caste and income among other types. For caste based reservation mainly following categories are there — ...
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1 vote
1 answer
150 views

May an F-2 visa holder marry inside the US with a US citizen/green card holder without ending the previous marriage?

If someone with F-2 visa status comes to the US, then wants to marry with a US citizen/green card holder, should he/she ends/gets divorce of his/her previous wife/husband even if their marriage ...
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5 votes
1 answer
2k views

In a divorce, in the case of a refinance, who pays for the refinance?

If my wife and I were getting a divorce and one of us wanted to keep the house and was buying the other out of their portion of the equity, being split 50/50, would the cost of the refinance of the ...
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2 votes
1 answer
133 views

How to find out if photocopying a marriage certificate is legal in my state?

For my insurance, I must submit a copy of my marriage certificate. The insurance specified that an unofficial photocopy would suffice, but also gave a warning that it is illegal to photocopy this in ...
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6 votes
2 answers
2k views

Can a marriage be dissolved between Alice and Bob under California law?

Alice is a national of Afghanistan, Bob is of Afghanistan and the U.S.. Bob gained U.S. citizenship as a result of having been in the employ of the U.S. military as a translator and subsequently ...
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1 vote
1 answer
84 views

Interim maintenance in case of void marriage

Can a woman in a void marriage claim maintenance under section 24 of the Hindu Marriage Act of India, or has the supreme court of India stated that a woman in that situation may do so in any judgment?
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1 vote
3 answers
167 views

Is or was it a law that people (or females only?) who get divorced have to "keep" their last names which keep on "building up"?

I have many times heard jokes related to females who have "long" names, such as "Marianne Doe Smith Swensson O'Reilly And More Last Names Go Here", suggesting that they have been ...
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1 vote
1 answer
104 views

Is marital status from another country valid in the US?

If someone with F-2 visa status comes to the US with his/her spouse then wants to get married a US citizen, or green card holder in the US, should he/she get divorced from his/her spouse? Or is it not ...
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0 votes
1 answer
48 views

When sponsoring a spouse (UK visa), what do the various relationship types mean and how do they affect the application?

When making a visa application in the U.K. for a sponsor to invite a foreigner to marry there is a section in the application that asks "What is your relationship to SPONSOR'S NAME"? There ...
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0 answers
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Marriage contract "communauté de biens"

Alice marries Bob under the community of property ("communauté de biens") regime. Alice brings in 100k€, Bob 50k€. Or it can be a joint possessed ("indivision") 150 k€ house, 100k€ ...
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-1 votes
1 answer
69 views

Can a divorced spouse claim rights to a previous primary residence?

2010 year. My ex husband got a mortgage on a house. Down payment was paid by his father. 2014 year. I met my ex-husband for the first time. We got married the same year (there was a prenup). 2010 to ...
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2 votes
2 answers
200 views

Is not recognising a marriage based on gender of one person gender-based discrimination?

If a man A wants to marry B (a woman), their marriage will be recognised and certified by the authorities. But if he wants to marry C (a man), their marriage will not not certified. Is it gender-based ...
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6 votes
1 answer
535 views

Is marriage rejection on the basis of caste a criminal offence?

I am a Brahmin and my girlfriend is Schedule caste, and my parents are denying our marriage because of caste. Will it be considered a criminal offence under Indian caste discrimination law, if any?
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2 votes
1 answer
102 views

What is the legality of atheist marriage among consanguineous couples in India?

I am preparing an academic report on laws regarding incest in India. Hinduism law and both major schools under Islamic law consider sibling marriage void. A Special Marriage Act was introduced to ...
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-1 votes
2 answers
215 views

Why does the female in a marriage usually get most of the belongings when they divorce?

I can imagine that this is true, but is it actually legally spelled out and motivated? Or is it just what tends to typically happen, for "other reasons"? I've never been married and thus not ...
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9 votes
0 answers
247 views

Are Ontario municipalities allowed to stop issuing marriage licenses during COVID-19?

Some Ontario cities, such as Waterloo say on their website: "Due to COVID-19, marriage licences will be suspended until further notice." Here is a screenshot, in case the website changes. ...
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18 votes
4 answers
5k views

Can an incapacitated individual consent to marriage?

A friend was to be married on Saturday afternoon. He suffered a debilitating stroke Saturday morning. Today he can respond to verbal prompts to move his left hand a bit. This occurred in the USA in ...
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7 votes
1 answer
2k views

Power Of Attorney Over Mom: Step Children versus Biological Son

Backdrop: A Florida woman informally separates from her second husband. They have not lived together for years. The woman a mother had one sole biological son from a prior marriage. She was a step-...
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0 votes
1 answer
60 views

Home community and separate property

Say I buy a home that is worth 200k and I pay down 100k principal of the loan before marriage. After marriage I continue to pay the mortgage. Is what I pay for the mortgage considered community ...
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-2 votes
3 answers
264 views

What's the point of those "spousal privileges" if, as I understand it, no-one can be forced to give a meaningful testimony anyway?

I don't understand this concept called "spousal privilege". Regardless of whether a defendant is a wife or husband in relation to a potential witness, the latter can always refuse to say ...
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-1 votes
1 answer
246 views

Why isn't infidelity considered a tort during divorce settlements?

I've always had the impression that the law is there to be fair and protect a disadvantaged party. Let's say a partner in a marriage falls in love with someone else and divorces their current spouse. ...
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2 votes
2 answers
186 views

Do you automatically own half the IP created by your spouse?

https://twitter.com/richgel999/status/1334061416433807360 This Twitter thread raised an idea I'd never heard before: that in a marriage intellectual property is jointly owned by the spouses, which ...
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