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35 votes

Should I get divorce before I can marry again in the US?

It is illegal to marry while you are already married This is the crime of bigamy in all 50 states. A marriage ends with the death of one of the couple, a divorce or (in some very limited circumstances)...
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  • 157k
25 votes

Do judges really care about perjury?

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 ...
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  • 157k
20 votes

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

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 ...
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20 votes

Does “co-habitation” include people residing in the same house?

If the non-custodial parent lives in a room in a shared house it is arguably reasonable for the child to visit there. The term "co-habitation" does not always mean just "living together ...
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20 votes

Divorced mom pays mortgage. She wants to get title in her name

Short Answer Usually, a divorce decree doesn't leave former spouses as co-owners of the former marital residence, but sometimes this happens anyway. To oversimplify, if the divorce decree leaves a ...
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  • 139k
17 votes
Accepted

Should I get divorce before I can marry again in the US?

Divorce in the US is governed by state law, so it depends on what state you live in. However, the basic requirement is that you be a resident of that state. In the state of Washington, there is no ...
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  • 165k
15 votes

Does “co-habitation” include people residing in the same house?

There can be a "morality clause", or paramour provision, in a custody agreement. Whether or not such a clause is enforceable is very jurisdiction-dependent, and should be seen as an "...
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  • 165k
13 votes
Accepted

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

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 ...
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10 votes

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

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 ...
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  • 8,050
8 votes
Accepted

Is it legal for a "ready-to-be-divorced" billionaire to donate all his money into foreign charity?

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 ...
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8 votes
Accepted

In a marriage, can one spouse just run away and declare this a "separation"?

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 ...
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8 votes
Accepted

Can someone get a spouse off a deed that never lived together and was incarcerated?

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 ...
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  • 165k
8 votes

What happens if my spouse won't attend court for divorce procedure?

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 ...
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  • 165k
8 votes

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

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 ...
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8 votes

Does “co-habitation” include people residing in the same house?

I live in my friend’s house (a 40 year old woman) I have a separate room. She is just a friend. Does this considered to be a “cohabitation”? May I take my child to stay overnight in my friend’s house? ...
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  • 139k
7 votes
Accepted

What differentiates between a good or bad divorce settlement and parenting plan?

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 ...
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  • 157k
7 votes

Is there a better state for men divorce?

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 ...
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  • 139k
7 votes

who owns and is responsible for the truck?

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 ...
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  • 5,670
7 votes

Why annul instead of divorce?

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. ...
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  • 209
7 votes
Accepted

Can I serve my ex spouse an eviction notice before he signs a quitclaim deed?

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 ...
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  • 139k
7 votes

The Legality of Naked Photos of a child for an abuse case

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". ...
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  • 5,581
7 votes
Accepted

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

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. ...
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  • 97.4k
7 votes

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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  • 139k
6 votes
Accepted

Can males be held liable for child support for wife's child?

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 ...
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6 votes
Accepted

Divorce - What to Expect?

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 ...
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6 votes
Accepted

Prior to a divorce, can a spouse prevent the use of any saved assets?

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)...
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  • 139k
6 votes

Can the court order my retired father, who is a single father, to make more money (Canadian Law) (revised to anonymous)

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 ...
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6 votes

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"?

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 ...
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  • 97.4k
6 votes
Accepted

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

General Answer I have not found any law or regulation that specifically says that an immigration applicant or the applicant's sponsor (spouse) must disclose a prenuptial agreement if one exists. But ...
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