Questions tagged [marriage]

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

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50
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
16k 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 ...
12
votes
1answer
124 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. ...
9
votes
2answers
800 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 ...
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 ...
7
votes
1answer
175 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 ...
7
votes
2answers
330 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 ...
7
votes
1answer
645 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 ...
6
votes
2answers
9k 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 ...
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
572 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
2answers
3k 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
1answer
357 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
149 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
2answers
10k 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
452 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
290 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
1answer
781 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.
4
votes
1answer
16k 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
1answer
197 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
2answers
106 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
93 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
1answer
204 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 ...
4
votes
1answer
159 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 ...
3
votes
3answers
650 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
2answers
271 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
1answer
344 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
2k 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
4answers
5k 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. ...
3
votes
1answer
10k 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
123 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 ...
3
votes
1answer
121 views

Can temporary visitors be married in the US?

Suppose there are two individuals from country A. Both have single nationalities (A) and neither of them is a PR or citizen of USA. Suppose that they are on student/visitor visas. Assuming that the ...
3
votes
1answer
112 views

Arizona Common Law Marriage and Kids

In Arizona, Common Law Marriage is not recognized. I heard if a couple has a common law marriage and has kids, if the man dies without a will, the kids/wife don't end up inheriting his possessions. ...
3
votes
1answer
168 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
3answers
219 views

“Reward” for each biological child in prenup agreement?

Let's assume this hypothetical scenario where: to-be husband does not want to enter marriage without prenup agreement that clearly ensures separate property; AND to-be wife does not want to have ...
3
votes
1answer
92 views

Legal documents confirming previous/maiden name (uk)

My wife is enrolling at university, however her previous qualifications were earned whilst she had her maiden name. They say they want to see a marriage certificate to confirm the name change, but we'...
3
votes
1answer
192 views

Parental rights and other legal implication of a marriage of convenience for a lesbian couple in MD

My friend is considering a marriage of convenience with another women, as both will gain a sizeable discount from their 'spouses' place of employment if married, in addition to sharing health ...
2
votes
4answers
353 views

Why is Age of Consent set at a specific age?

Suppose a 15 year old girl is wed by her own parents to a 30 year old man and she gives her consent. In most US states this marriage will not be recognized and the man would likely be prosecuted for ...
2
votes
1answer
190 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 ...
2
votes
3answers
138 views

Does the Icelandic government recognise ULC-officiated marriages?

Is a marriage officiated by an ordained Universal Life Church minister (and performed in the country) legally recognised in Iceland? The Wikipedia page on the ULC only lists US states and this site ...
2
votes
1answer
170 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 ...
2
votes
2answers
186 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 ...
2
votes
2answers
424 views

If someone found out after the wedding that their partner had been sterilized, what rights would they have?

A friend of mine was dating, and nearly married an immigrant woman. While she was in the "old country," her parents had her sterilized under circumstances that would be illegal in the U.S. but ...
2
votes
1answer
692 views

I am an American about to marry a Russian girl in Russia. Do I need a pre-nup?

My fiance is not a "Russian bride"; she's a real girl I've been dating for a year, we love each other, and want to get married. If we marry in Russia, do I need a pre-nup? If we later on get a ...
2
votes
2answers
263 views

Can a person sign away alimony after marriage

Hypothetical question: Mary and Sam have been married for 20 years. During the marriage both persons commit adultery and reconcile at different stages of the marriage. Let's also say there is still ...
2
votes
1answer
141 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 ...
2
votes
2answers
292 views

How is polygamy handled across borders?

Polygamy is legal in some countries and illegal in some others. What is the legal status of a polygamic family in a monogamic country? If this is not regulated by international law let's narrow this ...
2
votes
1answer
124 views

In Florida, can a 24 year old have relationship with a 17 year old if their relationship started a year earlier?

In Florida, the age of consent is 18, but there is an exception that allows for people up to the age of 23 to have a relationship with someone 16 years and older. (1) A person 24 years of age or ...
2
votes
2answers
121 views

Am I responsible for my spouse's careless behavior?

My spouse is a great person, but careless. I am what many would call overly cautious. If my spouse's carelessness causes an accident (spouse is walking the dog and the dog knocks an old lady down, ...
2
votes
2answers
77 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 ...