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34 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)...
Dale M's user avatar
  • 213k
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 ...
Dale M's user avatar
  • 213k
24 votes
Accepted

Can a person go to the court if she signed a contract not to go to court?

What kind of contract would that be? One about... arbitration? One about "I hereby relinquish my claim for payment of X?" --- children cannot be taken away from their father, no matter what. ...
Trish's user avatar
  • 40.4k
22 votes

If a man's name is on the birth certificate, but all were aware that he is not the blood father, and the couple separates, is he responsible legally?

british-columbia Parentage For all purposes in British Columbia law, a child's parent is the person determined under Part 3 of the Family Law Act (see s. 23(b)). Outside of the context of assisted ...
Jen's user avatar
  • 59.1k
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 ...
ohwilleke's user avatar
  • 220k
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 ...
David Siegel's user avatar
19 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 ...
ohwilleke's user avatar
  • 220k
19 votes

If a man's name is on the birth certificate, but all were aware that he is not the blood father, and the couple separates, is he responsible legally?

colorado The couple separated and she now is trying to threaten him with having to keep the kids 50% of the time and pay child support and they're not even really his children. Can she do this? Yes. ...
ohwilleke's user avatar
  • 220k
19 votes

For community property that is to be divided equally during divorce, can I pay my spouse the equal amount instead of selling my house?

It is normal that one spouse ends up with the property (if there is only one) and the other ends up being "bought out" of their equity. It's very rare for a final divorce order to leave a ...
Cadence's user avatar
  • 953
18 votes

Does divorce affect citizenship?

united-states Naturalization obtained by fraud or misrepresentation, including misrepresentation in earlier applications for immigration benefits, can be revoked. This requires action on the part of ...
phoog's user avatar
  • 37.8k
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 ...
user6726's user avatar
  • 215k
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 "...
user6726's user avatar
  • 215k
15 votes
Accepted

Hypothetical POTUS divorce

If the spouse of the US president filed for divorce, would a) the President have any claim of immunity from any litigation that followed (e.g. the division of assets in the matrimonial pot, child ...
ohwilleke's user avatar
  • 220k
14 votes

For community property that is to be divided equally during divorce, can I pay my spouse the equal amount instead of selling my house?

germany can I pay my spouse that equal amount instead of selling my real property? Yes. If you have the money or your spouse agrees to you paying in installments, you can "pay them out". ...
Trish's user avatar
  • 40.4k
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 ...
Jack Edwards's user avatar
11 votes

If a man's name is on the birth certificate, but all were aware that he is not the blood father, and the couple separates, is he responsible legally?

australia A person is presumed to be a father (with all the rights and liabilities this entails) if the: person is named as the father on the birth certificate or adoption certificate person signs a ...
Dale M's user avatar
  • 213k
9 votes

If a man's name is on the birth certificate, but all were aware that he is not the blood father, and the couple separates, is he responsible legally?

germany German law says, in §1592 BGB: The father of a child is the man 1.  who is married to the mother of the child at the date of the birth, 2.  who has acknowledged paternity or 3.  whose ...
Guntram Blohm's user avatar
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 ...
ohwilleke's user avatar
  • 220k
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 ...
user6726's user avatar
  • 215k
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 ...
user6726's user avatar
  • 215k
8 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 ...
George White's user avatar
  • 12.8k
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 ...
Michael Seifert's user avatar
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? ...
ohwilleke's user avatar
  • 220k
8 votes

For community property that is to be divided equally during divorce, can I pay my spouse the equal amount instead of selling my house?

In my case, I did not even get cash, but a promissory note. It was paid when she refinanced the home. I was a lien holder much like the primary mortgage holder. This is where the cost of a divorce ...
Pete B.'s user avatar
  • 736
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 ...
ohwilleke's user avatar
  • 220k
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 ...
Cicero's user avatar
  • 6,920
7 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 ...
Nate Eldredge's user avatar
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. ...
Alex's user avatar
  • 239
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 ...
ohwilleke's user avatar
  • 220k
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". ...
Mark's user avatar
  • 6,390

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