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
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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
  • 213k
7 votes
Accepted

Divorce court jurisdiction: filing

united-states In general Is there a uniform rule on where a spouse can file for divorce? I can see 4 possible jurisdictions: Where the couple married Where the filing spouse lives here the non-...
ohwilleke's user avatar
  • 213k
6 votes

Do wives get 50% of net worth after the divorce as well, or just the net worth at the time of divorce?

united-states new-mexico In New Mexico there is no single date at which the net worth of the marriage is considered. Rather, a distinction is drawn between community property and separate property of ...
Cadence's user avatar
  • 647
6 votes
Accepted

Do wives get 50% of net worth after the divorce as well, or just the net worth at the time of divorce?

canada The relevant date is rarely the date of divorce About the relevant time, this will depend on the particular provincial statute. In British Columbia, the relevant time for identifying family ...
Jen's user avatar
  • 54.8k
5 votes

Does divorce affect citizenship?

germany We don't have "green cards" here, but I am assuming a "family reunion" visa, with your partner being a citizen married to you. When you apply for that, you first get a ...
nvoigt's user avatar
  • 7,405
4 votes
Accepted

Does owning a house before the marriage exempt it from divorce asset division?

united-states Overview If someone owns a house before marriage, would that house be exempt from asset division in divorce? For simplicity, assume that otherwise, asset picture is fairly simple and ...
ohwilleke's user avatar
  • 213k
4 votes
Accepted

What is the rationale for alimony or 50/50 asset splits?

It seems self-evident the spouse who gave up their career to keep the home and raise the children will not post-divorce be in an equivalent position employment-wise (A) as if they had not given up ...
Lag's user avatar
  • 16.9k
4 votes

Divorce court jurisdiction: filing

australia You can apply for a divorce in Australia if either you or your spouse: regard Australia as your home and intend to live in Australia indefinitely, or are an Australian citizen by birth, ...
Dale M's user avatar
  • 209k
4 votes

Divorce court jurisdiction: filing

canada Divorce is legislated as a federal matter, with jurisdiction exercised by the provincial superior courts as set out in the federal Divorce Act. The Divorce Act, s. 3 provides the general rule: ...
Jen's user avatar
  • 54.8k
3 votes

Societally Imposed Divorce

In the US I can't imagine this not being in conflict with freedom of association (particularly intimate association) and the right to privacy. Both of these are Constitutional Concepts, not called ...
Tiger Guy's user avatar
  • 6,998
3 votes

Do wives get 50% of net worth after the divorce as well, or just the net worth at the time of divorce?

united-states The exact rule varies from state to state. The majority rule for property division in separate property states is "an equitable division" not necessarily exactly 50-50, as of ...
ohwilleke's user avatar
  • 213k
3 votes
Accepted

Grounds For Divorce in Massachusetts

The State of Massachusetts has "no fault divorce" as does every other U.S. state. Either spouse may unilaterally petition for divorce without grounds for divorce that have to be proven with ...
ohwilleke's user avatar
  • 213k
2 votes

How do you write a prenup purely for the benefit of your child(ren)?

It is hard to understand what you are saying, but here is an attempt. Prenuptial agreements must be entered into with full financial disclosure, opportunity to be represented by counsel (at the other ...
ohwilleke's user avatar
  • 213k
2 votes

Assuming a mortgage in a divorce

Without addressing the specific facts of the question, here are some general principles. While a transfer of real estate upon divorce does not trigger a due on sale clause (which would trigger a ...
ohwilleke's user avatar
  • 213k
2 votes

Does owning a house before the marriage exempt it from divorce asset division?

canada When spouses separate, each has a right to property division that is governed by provincial legislation. I give three examples, only one of which (British Columbia) excludes a house brought ...
Jen's user avatar
  • 54.8k
2 votes

Credit union error on paperwork

The credit union probably cannot be sued in this case, because there is no harm. One of the main purposes of a divorce is to divide the property of the couple (at least the property acquired during ...
ohwilleke's user avatar
  • 213k
2 votes

What exactly determines the gender of a party in a divorce case?

Legally, there is no preference for one gender over the other in awarding custody. So there is no legal point where a person transitions from one gender to another and is suddenly treated differently ...
Justin Cave's user avatar
  • 2,839
2 votes

Why might a court not be allowed to order the sale of home owned by a tenancy of the entirety?

Tenancy By Entireties explained Real property is held in tenancy by entirety, in the small minority of U.S. states that recognize that form of ownership, when real property is held in equal joint ...
ohwilleke's user avatar
  • 213k
2 votes

Does employment change during divorce proceedings affect spousal support/asset division?

colorado In Colorado, in a permanent orders hearing in contested divorce a judge must: (1) allocate each party's separate property, if any, to each spouse (roughly speaking this is property owned ...
ohwilleke's user avatar
  • 213k
1 vote

How are the assets of a married couple protected or controlled during divorce proceedings?

australia All assets and income must be disclosed Property settlements are typically negotiated between the parties and approved by the court rather than being imposed, although that is an option ...
Dale M's user avatar
  • 209k
1 vote

How are the assets of a married couple protected or controlled during divorce proceedings?

british-columbia The Family Law Act, s. 91 allows a spouse to apply for an order to prevent depletion of family assets. The court may make an order "prohibiting the other spouse from disposing of,...
Jen's user avatar
  • 54.8k
1 vote

What exactly determines the gender of a party in a divorce case?

germany Bürgerliches Gesetzbuch (BGB) § 1565 Scheitern der Ehe Eine Ehe kann geschieden werden, wenn sie gescheitert ist. Die Ehe ist gescheitert, wenn die Lebensgemeinschaft der Ehegatten nicht ...
nvoigt's user avatar
  • 7,405
1 vote

What exactly determines the gender of a party in a divorce case?

british-columbia Separation in British Columbia is about "spouses," not "husband" and "wife." See Family Law Act. Gender is irrelevant for the purposes of separation. It ...
Jen's user avatar
  • 54.8k
1 vote

Does divorce affect citizenship?

france The timeframe for the procureur de la république to revoke a naturalization through marriage (Nationalité par déclaration, which you can apply to after 4 years of marriage) is 2 years of the ...
Nicolas Formichella's user avatar
1 vote
Accepted

Implications of subversive harassment

united-states Most U.S. states recognize the torts of intentional infliction of emotional distress, sometimes called "outrageous conduct" instead, and the tort of intentional interference ...
ohwilleke's user avatar
  • 213k
1 vote

Are HST arrears for one spouse's business considered family debt that is split between spouses upon separation?

Is debt of a spouse divisible upon separation? The answer will depend on the provincial statute relating to property division upon separation. Some provinces direct that debt held by either spouse, ...
Jen's user avatar
  • 54.8k

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