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25

Perjury is more than a lie It is a knowing deceit undertaken with the express purpose of misleading the court on a material issue. It isn’t misremembering, or contradicting oneself (or others), or stating falsehoods believing they are truths, or lying about things that don’t matter. The fact that one party’s recollection of events are different from another’...


20

The person who bears the refinancing costs would be determined by mutual agreement in a separation agreement, or would be determined by a court in a decree in its discretion, which is extraordinarily broad in domestic relations actions. There is no one rule governing this situation. Often ability to pay is the controlling factor. Also, many refinances can ...


13

If both parties are legal, permanent residents of California, their marriage is recognized under Californian law no matter where it originated (provided that the marriage doesn’t violate Californian law, e.g. if Alice were a minor). Alice and Bob would file for divorce in California and the matter would be adjudicated under a Californian court and under ...


10

Apparently "alienation of affection" is still a tort in Hawaii, Mississippi, New Mexico, North Carolina, South Dakota and Utah. The assumption originally behind alienation of affection this is that one spouse (most usually the wife) belongs to the other and a third party stole them from the other (husband). This is now archaic, sexist, thinking ...


8

Short Answer It depends on the totality of the facts and circumstances. But based on your description, this approach is likely problematic and might not withstand judicial scrutiny. Explanation Plaintiffs can attack this behavior as a sham transaction. Court could find this to be a fraudulent conveyance. and provide relief via clawback order. Badges of ...


8

A spouse in Toronto, Canada can seek a divorce at any time by filing a petition in the appropriate court in Ontario Province, although it is only granted after the parties have been separated for at least one year (or sooner if adultery or domestic violence are present). A divorce court can order temporary support during the pendency of the case. The ...


8

Two people can have an equal interest in real property without being married, and being incarcerated doesn't affect a person's property rights. What matters is that now your ex-wife has a legal interest in the property. As a separate issue, she presumably also has a legal obligation w.r.t. the mortgage (otherwise the quitclaim deed makes no sense). The ...


8

The first question would be whether those papers are indeed "legit", and we don't do product reviews. Assuming the company didn't mess up and she was legally served, the next question would be whether she responded (in the legal sense) or not. If she failed to respond at all within 21 days (add 9 days if she is out of state), then your next step would be to ...


8

united-states In the United States, divorce is a matter of state law, and each of the 50 states has slightly different laws. But in general, it is not true as a matter of law that divorced women are awarded everything but "a mattress and a TV". A small number of states, of which the largest are California and Texas, are community property states. ...


7

My rules of agreement making First rule of making agreements: the less trust there is in the relationship the more detail needs to be in the agreement. Second rule of making agreements: enforcing an agreement on a recalcitrant participant when simple negotiation is ineffective is rarely worth the cost and aggravation. Third rule of making agreements: ...


7

General Considerations While I am not convinced that this question isn't proper for this site, I don't think that, for the most part, it has a clear and simple answer. Also, strictly speaking there is no such thing as a "man-hating state" because de jure distinctions based upon gender in divorce law are constitutionally forbidden. But, that doesn't ...


7

Whoever signed the loan owes the money to the bank for the truck. So, in this case it is probably both your husband and his ex girlfriend. Whoever is listed on the title of the vehicle as the registered owner has the full exclusive use of the vehicle. That is probably your husband. Any person who co-signed for a loan owns nothing and has rights to nothing. ...


7

No. An eviction notice served while someone is an owner of record of a house would not be enforced. But, generally speaking, a divorce court retains jurisdiction to enforce its decrees after they are entered, and to clarify its existing orders. Obviously I will need to refinance it and pay him his share of the equity to get the deed solely in my name, ...


7

Will you be in legal trouble for child pornography? No. The legal definition of child pornography generally requires things such as "sexually explicit conduct" or "lewd and lascivious display". Mere nudity does not rise to this standard; photographic documentation of suspected physical abuse comes nowhere near it. Will you get in trouble for not ...


7

Only the currently unmarried may lawfully marry in the US US laws generally prohibit a marriage if either person is currently in a valid marriage to a third person, whether in the US or anywhere else. If a current marriage is valid it must be ended by divorce or in some other lawful way before a valid US marriage can occur. Marrying in the US while already ...


6

According to http://info.legalzoom.com/divorce-am-responsible-kids-not-mine-20971.html Your stepchildren -- the biological kids, adopted children and stepchildren that your spouse acquired in another marriage or relationship before marrying you -- are usually not legally entitled to support from you after you divorce your spouse. However, if you signed a ...


6

There are several reasons people wish to get a marriage annulled. I'll try to list them in order of frequency -- though I'm unaware of any statistics that confirm that my ordering is correct. Money. As per Nij's comment, when people are divorced, their property is subdivided 50-50. If one person can get away with an annulment, and keep the property which ...


6

How does John protect himself from false claims (e.g. if the woman decides to roll down the stairs and blame him)? It would be very helpful if John has evidence of Oxana making false statements about him or others, and/or of Oxana threatening to make them. False accusations are common --and hardly ever prosecuted-- in a context of divorce. Examples of ...


6

Mary has two options (that are not mutually exclusive). The stronger one is to file for divorce immediately and obtain an injunction against this activity in that case. In some states (e.g. Colorado) an injunction takes effect the moment that divorce papers are served upon a spouse. The weaker one is to ask the divorce judge to allocate the value of the ...


6

I am going to convert a set of comments into an answer. Please note, IANAL, especially in your jurisdiction. You are asking the wrong question. The Court is not specifically ordering your father to make more money; it is ordering him to support his ex-wife (XW) at a level similar to what she enjoyed during the 20-year marriage. This is not outlandish. In ...


6

In the USA, at least, it has never, to the best of my information, been legally mandated to add a name on marriage, or even for husband and wife have the same last name. It has long been customary in the US for a woman on marriage, to adopt her husband's surname. This is no not nearly as common as it once was -- it was once almost invariable, but some women ...


5

Short Answer Child support does not change upon remarriage per se, although remarriage often results in a change of circumstances that does require a change in child support. Alimony often terminates upon the remarriage of the person receiving it, but not always. Usually, it does not terminate upon remarriage only when a separation agreement reached by the ...


5

It depends. An agreement of the type you describe is called a post-nuptial agreement or marital agreement. These agreements are not prohibited, but are subject to heightened scrutiny. In determining if it is valid, courts consider financial disclosure, an opportunity to consult a lawyer, and a voluntary non-coerced agreement in writing, as well as a ...


5

New Jersey has jurisdiction under N.J.S.A. 2A:34-10 provided that at the time the cause of action arose, either party was a bona fide resident of this State, and has continued so to be down to the time of the commencement of the action; except that no action for absolute divorce or dissolution of a civil union shall be commenced for any cause ...


5

"Living together as man and wife" means actually living together under the same roof and being in personal relationship. Therefore, to prove "not living together as man and wife" it is sufficient to prove that the pair either or both 1) are not living together; 2) are not in personal relationship. What evidences "being in personal relationship"? Shared ...


5

Usually, an attack on the validity or prudence of the underlying order is not a defense to court action to enforce it. Usually, the only exception would be when it was impossible, or practically impossible, to perform the court order for some reason. You could seek to modify the order, but that would be prospective in effect only and usually isn't granted ...


5

Admissibility is one thing, enforcement is another. My observations, which are more detailed than casual, is that Family Courts are a different breed, and more than most any other court, "they do what they want." I have associates who had agreed to stipulations, detailing how a child might be handled, only to have a family court decide at some point to ...


5

There are only two arguments you can make: The match making website did something wrong. I don't see how you can make this argument unless you have some reason to suspect they actually did something wrong. Strict liability applies. I think this fails for two reasons. One is that no theory of strict liability that I know of would apply to this situation. ...


5

The Adoption Of No Fault Divorce In The U.S. Every U.S. state has no fault divorce, and in almost every state, this is available unilaterally even if one spouse doesn't want to end the marriage. California was the first U.S. state to adopt no fault divorce, which it did in 1970 under legislation adopted in 1969. New York State was the very last U.S. state to ...


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