Questions tagged [marriage]

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

Filter by
Sorted by
Tagged with
51
votes
4answers
18k views

A man killed my son and married one of the witnesses. Can the witness's statements still be used in court against him?

In Florida a career felon, who is a complete stranger to my son, killed my son. He is being prosecuted for this crime in a state court in Florida. There are two witnesses. One of them is the the ...
33
votes
2answers
18k views

Does being engaged (to be married) carry any legal significance?

Being married carries specific legal consequences, e.g. spouses typically are treated differently under tax law, divorce property law, inheritance law, have rights regarding medical visitation and ...
19
votes
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 ...
18
votes
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 ...
16
votes
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 ...
12
votes
1answer
140 views

Does a divorced/widow(er)ed person under the age of 20 in Thailand retain sui juris?

In Thailand, a minor (one who has not received sui juris) is a person under the age of 20. An exception is made if the person is married - which can happen when both parties are over the age of 17. ...
10
votes
2answers
1k views

Did Alabama legalize gay marriage, or outlaw it?

On 4 March 2016, the Supreme Court of Alabama dismissed a petition by conservative activist group Alabama Policy Institute and a probate judge to halt gay marriages in the state. This was reported by ...
9
votes
2answers
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?
9
votes
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 ...
9
votes
1answer
778 views

Will a Muslim with multiple wives who travels to the U.S. be charged with polygamy?

If you are a Muslim with multiple wives, and you travel to the U.S., will you be charged with polygamy? What if you are also a U.S. citizen? (I'm just curious how this works for people from Saudi ...
8
votes
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 ...
8
votes
2answers
2k views

How to report a sham marriage in Sweden

It makes sense to reject a sham marriage (marriage of convenience) arranged solely for the purpose of admitting foreigners to EU on false claims of "anknytningsperson" (loosely speaking "connected ...
8
votes
1answer
220 views

What is the legal status of challenging polyamory prohibition in USA?

I know some people (especially in various poly/kink communities) have discussed the idea extensively that post-same-sex-marriage SCOTUS decision, it should be possible to defeat the prohibition on ...
8
votes
2answers
381 views

Is there legal precedent for judges require marriage as a condition for probation?

So apparently in East Texas a judge has ordered that a man marries his girlfriend because he assaulted her ex-boyfriend. The conditions for probation were: Marrying his girlfiend within 30 days ...
8
votes
0answers
206 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. ...
7
votes
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-...
7
votes
2answers
11k views

Was (is?) pre-marital sex illegal anywhere in the United States?

I read this summary of laws banning adultery in the United States. Now, the wording of some of these laws made me wonder if any of them are remnants from a time when pre-marital sex (not just ...
7
votes
2answers
4k views

Adopted "Sisters" trying to get married

My partner and I, now 22, were adopted together when we were 12. The adoption agency believed we were very "sisterly" towards each other and encouraged our adoptive parents to accept both of us into ...
6
votes
2answers
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 ...
6
votes
1answer
1k views

Can I keep my last name if I get married?

Can I keep my last name the same if I get married? I don't want to hyphenate it either. Is this possible? Is it a MUST that I change or hyphenate it? I am in New York City, New York.
6
votes
1answer
522 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?
6
votes
2answers
2k views

Is spousal immunity affected if one spouse dies?

Disclaimer: I'm a writer trying to figure something out for a story I'm working on, so forgive me if I sound totally insane. Okay. Spousal privilege/immunity. Protects someone from having to testify ...
6
votes
2answers
1k views

Why does the government incentivise marriage?

With the recent U.S. Supreme Court cases allowing gay marriage, and the government never stopping people from getting married who couldn't have children, the last vestiges of the "marriage is for ...
6
votes
1answer
232 views

Would deinstitutionalising marriage violate the UDHR?

In debates over same sex marriage it is sometimes proposed that marriage be completely deinstitutionalised in favour of state recognised civil unions. This would not be a return to common law ...
6
votes
1answer
438 views

I'm a Canadian Citizen and want to marry an American Citizen, but still live in Canada

I'm just wondering if I am able to marry an American citizen if I'm Canadian, and still reside in Canada, while he will still reside in USA. We are not able to move abroad for probably a few years, at ...
6
votes
1answer
172 views

Does a property given to a spouse in a first marriage still get shared in a death after a second mariage?

Does a property given to a spouse in a first marriage still get shared after a death in the second marriage that was out of community of property with accruals? Backstory A husband was married to ...
5
votes
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 ...
5
votes
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 ...
5
votes
2answers
15k views

Have wives ever been legally a man's property in the US?

I'm studying A Level English literature at the moment and we are reading The Great Gatsby. I have a teacher who alluded that during the time the text was written, 1925, wives were considered to be a ...
5
votes
1answer
445 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 ...
5
votes
1answer
548 views

What could be the consequences of a "Joke wedding" in a foreign country?

Context : Two of my friends, both French citizens, have a PACS. PACS is a form of civil union that can be "upgraded" to a marriage, but not "downgraded" from one. They are planning a three weeks ...
5
votes
1answer
359 views

Child expressly wishes to live with other parent. What is legal position of that other parent? (in general terms)

I am intending to phrase this in broad terms so that it may be useful to posterity, not just myself. The broad situation is: Location is England, United Kingdom Father and mother are physically ...
4
votes
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?...
4
votes
1answer
17k views

I get married in Canada but live in the US. What happens?

I'm U.S. citizen (my only citizenship). I'm a temporary resident of BC while I'm here for school. I'm just wondering, what happens if I get married in BC or Canada to a fellow U.S. citizen, or really ...
4
votes
2answers
159 views

How does Australian law consider a marriage in which one person has subsequently transitioned?

In Australia: Same sex marriage is not currently legal. This extends even to same sex marriages from other countries, which "must not be recognised as a marriage in Australia". At both the federal ...
4
votes
1answer
240 views

Would economic and healthcare-related pressure constitute duress in the annulment of a marriage?

I've found the legal definition of duress to be quite well-specified in the case of criminal law, but little of that seems directly applicable to the civil domain. That said, I'm unsure as to if a ...
4
votes
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. ...
4
votes
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 — ...
4
votes
1answer
127 views

Does spousal privilege apply in the case of criminal conspiracy?

My understanding is that attorney-client privilege does not apply if the attorney and client are conspiring to commit a crime. My understanding is the basis for nullification is the theory that the ...
4
votes
2answers
225 views

At what point is a marriage lawful?

When my sister got married, at the rehearsal the celebrant said he had to be careful what he said and when because if he said 'too much' they would end up married sooner than they planned. Although ...
4
votes
1answer
235 views

Obergefell and its implications on other family rights

Now that same sex marriage is legal in all 50 states, I was wondering what the impact of this decision would be on laws that limit the abilities of same-sex couples to adopt children and other ...
3
votes
1answer
230 views

How do I prevent my forced marriage?

I'm an 18 year old girl in Philippines studying in a college. My father wanted me to marry to someone and already arranged it without even asking me. But I don't want to marry. I'm 18 now, can law ...
3
votes
3answers
823 views

UK name change when married in Portugal

I recently got married in Portugal. My wife and I decided that we would both take each others surnames, combining the 2 so we now have 2 surnames. The registrar over there needed a letter from the UK ...
3
votes
1answer
446 views

How did the Supreme Court rule, in the past, that States can take sex into account within the process of legal marriage?

Religion and politics, as we know, shouldn't intermix. The purpose for having a legal marriage through the government is simple: When people decide to be romantically involved in a permanent way, they ...
3
votes
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'...
3
votes
2answers
365 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.
3
votes
2answers
3k views

Can someone get married for the sole purpose of invoking spousal immunity?

Edit: the question wasn't worded as well as it could be. I should clarify that I'm aware sham marriages are illegal. For the purposes of this question, let's assume law enforcement doesn't realize or ...
3
votes
1answer
194 views

Are Two People Considered a Single Person When Married

In the United States of America is a married couple, regardless of sex, considered to be a single person by the government? If so, in what situations does the government not view them as a single ...
3
votes
1answer
11k views

How to sign a prenup when marrying a foreign lady?

My girlfriend lives in China. She is a Chinese citizen. I'm an American. We want to get married My concern: I have kids so I want to protect them. So naturally i want to sign a prenup. If she was ...
3
votes
1answer
161 views

Do I still have full custody of my child?

Before my girlfriend and I were married we had a child and then separated 1.5 years later due to reasons that are irrelevant to the question. We went to court and I was granted full custody of our ...