Questions tagged [marriage]

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

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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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1answer
446 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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0answers
92 views

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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1answer
64 views

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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5answers
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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1answer
91 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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2answers
3k views

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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2answers
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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1answer
225 views

Marrying an immigrant and siging a prenup

I've been dating a man who's a Mexican immigrant. We want to get married but he wants me to sign a prenup. He has condos and restaurants and I have nothing right now. Some of his properties and ...
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2answers
306 views

Do "homewrecker" laws exist in any other western country than United States?

I was reading this article A North Carolina man just won U$S 750,000 lawsuit after suing his wife lover which mentions men earning figures such as U$S 750,000 or even U$S 8,800,000 for suing his wife'...
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3answers
451 views

What are the laws regulating practical polygamy in US?

I can understand that polygamy is illegal. However, some people think that it's simply illegal in a sense that government doesn't recognize it. It's like Sarah can marry anyone she wish but she can't ...
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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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3answers
15k views

How to determine the marital status of a UK Citizen?

How can I determine the marital status, and any previous marriages, of a UK citizen living in the UK?
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1answer
145 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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1answer
52 views

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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2answers
187 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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1answer
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 ...
4
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1answer
111 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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1answer
69 views

Update a dead person's situation in Italy - Who can do it?

My great-grandfather was born in Italy and emmigrated from there when he was 16 years old. He married and died in Brazil, and his daughter (also born in Brazil) is my grandmother. To obtain an Italian ...
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1answer
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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1answer
80 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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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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2answers
535 views

Can a U.S. citizen who renounced his citizenship, get a green card through his American wife?

Here's the situation: A dual citizen American-British couple lives abroad (i.e. in the U.K). Because of the burdens of U.S. worldwide tax (the only country that does this besides Eritrea) the husband ...
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0answers
207 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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3answers
165 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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2answers
472 views

Why annul instead of divorce?

Note 1: This question is supposed to be a lemma here: Why is it not that a state divorce is actually an argument AGAINST a church annulment petition rather than a necessary condition for such petition?...
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1answer
99 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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4answers
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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1answer
45 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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38 views

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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1answer
68 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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2answers
192 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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1answer
523 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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1answer
98 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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2answers
206 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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1answer
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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3answers
257 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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1answer
58 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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2answers
178 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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1answer
241 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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2answers
366 views

Do you have to be engaged to be married to enter into prenup?

To enter into prenuptial agreement, do you have to be engaged to be married? If jurisdiction matters, USA.
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1answer
98 views

Friend is getting a POA to allow marriage on his behalf in another country, is this legit?

Sorry if this is the wrong place but I'm concerned for my friend and want some advice. My friend is from the UK, has a Colombian GF, they are due to get hitched very soon. However, he has told me that ...
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2answers
115 views

Can I successfully sue an online match making website for matching me with a fraudster? [closed]

Say I used a match making website to find a girl. The website matched our personalities, likes, dislike, etc. It turns out that this women is a fraud. She is drop dead beautiful, but her intention was ...
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2answers
10k views

Can co-parents-in-law marry? For example, a husband's father and a wife's mother

In the The Simpsons episode, Lady Bouvier's Lover, Marge's mom dates Homer's dad. Here, Homer and Marge are characters who are married. If he marries your mother, Marge, we'll be brother and sister!...
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1answer
98 views

How long do a man and a woman live together before they are considered common law married?

How long do a man and a woman live together before they are considered common law married in Dallas, Texas?
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1answer
69 views

Can the "Promise of leaving country after studies", part of a student permit request be used to refuse a marriage?

This question concerns Switzerland, but I suppose this can apply to many countries with similar rules. When a foreigner (non-CH or EU citizen) applies for a student (B) permit, this person has to ...
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2answers
163 views

Is It Legal to Marry a Jew?

Let's say an Eastern European woman is in Israel on a work visa and a Jewish man, for whatever reason, wants to marry her. Since it is practically speaking illegal to mix in Israel, could they ...
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4answers
8k views

Could marriage of two people who share a half sibling but do not share parents constitute incest?

Suppose that two parents have a child named Sam before divorcing. Sam's father then marries another woman and has a daughter, Daisy, while Sam's mother marries another man and has a son, Matthew. ...
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2answers
94 views

Do ship captains have the authority to solemnize marriages?

I have seen some works of fiction portraying marriage ceremonies happening on ships, officiated by sea captains (such as a famous scene in the Disney movie At World's End). Is this a tradition outside ...
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1answer
58 views

How does the legal system operate for dowry death in india?

Some article on dowry death in india. dowry death More than 7,600 women were killed or moved to suicide in 2015 as a result of dowry harassment by their husbands or families-in-law, according to India’...