52
Short Answer
SIMPLIFIED AND UPDATED BASED ON ADDITIONAL INFORMATION IN THE QUESTION:
The marriage is valid, but their marriage will not allow the girlfriend to refuse to testify as a witness in the case.
She can be compelled to testify against him under oath, but does not have to testify about the confidential communications that they have with each ...
28
There are only a few areas of law of which I am aware that U.S. law treats people who are engaged to be married differently (although perhaps with more thought I could expand the list).
Fiance(e)s come under a special immigration status when applying for a visa.
There is a body of law related to whether an engagement ring is an absolute gift or is ...
23
In england-and-wales this would fall within the Mental Capacity Act 2005 and depends on whether he lacks the mental not physical, capacity to make the decision for himself.
Can he:
Understand the information relevant to the decision
Retain that information
Use or weigh that information as part of the process of making the
decision
Communicate that decision (...
22
A and B have been in a common law marriage for many years. A and C
then apply for and receive a marriage license.
When A and C marry, what is the legal status of each marriage?
I assume in answering all of these questions that C did not know that A was in a valid common law marriage to B at the time of C's marriage to A, although the answers below may ...
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 ...
17
Sources
Florida Power of Attorney from the Florida Bar Association is a consumer pamphlet summarizing the laws in regard to a power of attorney. The actual laws are in the Florida Code sections 709.2100 thru 709.2402
Health Care Advance Directives from the Florida Health Care Administration is a consumer guide to Living wills, surrogate designations, and ...
15
This is an appeal from the decision in A Local Authority v JB [2020] EWCA Civ 735. In the part of the hearing to which you refer, Lord Stephens is asking the appellant’s counsel about the following principle, quoted at [31] of the judgment under appeal:
When considering capacity to marry, the question is whether X has capacity to marry, not whether she has ...
13
You can keep your name; this is the default. Source:
Your surname does not change automatically upon marriage unless you elect to change it.
Nothing in the law requires you to change your name when getting married; it is your personal choice.
You are not required to have the same surname as your spouse.
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 ...
12
The legal term for premarital sex, as a crime, is fornication. I found a paper that gives an extensive and well-referenced history and analysis of such laws:
Sweeny, JoAnne. Undead Statutes: The Rise, Fall and Continuing Uses of Adultery and Fornication Criminal Laws. Loyola University Chicago Law Journal 46 (2014), 127–173. http://www.luc.edu/...
12
In Washington state, a marriage could be challenged
because a party lacked capacity to consent to the marriage or
domestic partnership, either because of mental incapacity or because
of the influence of alcohol or other incapacitating substances, or
because a party was induced to enter into the marriage or domestic
partnership by force or duress, or by ...
12
According to South Carolina law:
SECTION 20-1-10. Persons who may contract matrimony.
(A) All persons, except mentally incompetent persons and persons whose marriage is prohibited by this section, may lawfully contract matrimony.
(The prohibited list includes close relatives, people who are already married, people under 16, and people of the same sex, ...
11
None.
Who you live with & how you live with them are (generally) your business. All laws against polygamy do is impose sanctions if you legally register more than one marriage; legally the first registered is a marriage, all the others are a nullity. This may influence the legal resolution of criminal and civil disputes about the cohabitants as the law ...
11
I was initially going to vote to close this as a political rather than a legal question, however, I think there is scope for separating out the two dimensions.
Our society makes a distinction between children and adults by giving them different legal rights, obligations and protections. If you think about it, there are a lot of things beyond sexual activity ...
10
"Polyamory" is usually used to refer to having more than one romantic relationship at a time, which is pretty unobjectionable as far as the law is concerned. It might get you into trouble in a divorce proceeding, but the laws that still exist addressing it are largely dead letters.
I assume you're asking more about polygamy, or having more than one one ...
10
According to https://www.baezlawfirm.com/can-your-spouse-be-forced-to-testify-against-you/ Section 90.504 of Florida’s Evidence Code includes the privilege to exclude "marital communications" from the testimony of a spouse, but does not include the "testimonial privilege" which Federal common law and the laws of many US states do include, that permits one ...
10
First, there is no prohibition against a Jewish man marrying an Eastern European woman in Israel. If they are both Jewish, the marriage can be performed in Israel. If they are not the same religion, then if they get married in Israel, the government will not recognize the marriage. However, Israel recognizes inter-faith marriages performed outside Israel. ...
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 ...
10
In france, consent can be presumed from past actions and behavior. In this case, having a wedding planned for later the same week, rings bought, and so on would probably work.
The same principle allows marriage of a dead fiancee.
10
The applicable law of India is The Scheduled Castes And the Scheduled Tribes (Prevention of Atrocities) Act, 1989 plus the 2015 amendment. There are various prohibited acts, the majority of which are already crimes, such as numerous kinds of assault, trespass, unlawful eviction, also including knowingly making obscene gestures at a woman belonging to a ...
9
Not exactly,
There were limited instances of the institution of wife selling in Britain in the early modern period, but this practice was never transferred to the United States and received as part of its common law. The institution of wife selling had been abolished long, long ago in 1925 in Britain and had never existed in the U.S., and was quite rare ...
9
You haven't actually asked a question, but I presume that you want to know how the 11-year-old son could accompany his mother to the US if she moves to the US as the fiancée or spouse of a US citizen.
The US Department of State has a page about this on their site. It says:
Overview: What Is a K-1 Visa?
The fiancé(e) K-1 nonimmigrant visa is for the foreign-...
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
You don't need to "report" it to anyone in the US or do anything else. The US doesn't have any national registry of marriage. Any marriage or divorce conducted anywhere in the world is automatically recognized anywhere in the US (with some exceptions like polygamous marriages); the same is true in many other countries.
How does the U.S. find out, for tax ...
7
The first thing to note is that your question is kind of the wrong way around. US states are sovereign and generally have the ability to make any kind of laws they want, unless they violate some specific tenet of federal law or the US Constitution.
You suggest, for instance, that arguments which are "culturally founded" have no place in the law, but that'...
7
In this ruling, the Alabama Supreme Court dismissed a case seeking to halt same-sex weddings in Alabama, which had begun under Obergefell.
The text of the ruling is, in whole:
IT IS ORDERED that all pending motions and petitions are DISMISSED.
The remaining 169 pages are editorializing, nothing more.
The NBC characterization is, therefore, correct:
...
7
Many bigamy and polygamy criminal statutes in many U.S. jurisdictions are broader than you would think, and these statues have so far survived constitutional challenges. But, generally, bigamy and polygamy statues in the U.S. require the existence of at least one legally recognized marriage, even if subsequent relationships are merely instances of ...
7
Privilege May Be Irrelevant In Your Case
In a criminal case in the U.S., a criminal prosecution is moot and dismissed if the criminal defendant dies (or even if the criminal defendant is convicted and the case is still on appeal). (Pending divorce cases also abate upon the death of a spouse, but most other civil cases do not.)
Caveat: Your Mileage May Vary
...
7
One place to look is the incest statute, 18-6602, which says:
Persons being within the degrees of consanguinity within which
marriages are declared by law to be incestuous and void, who
intermarry with each other, or who commit fornication or adultery with
each other, are punishable by imprisonment in the state prison for a
term not to exceed life....
7
No
However, only the first wife is recognised as a wife under US law.
Please note that it is not illegal to live in a polygamous relationship in the US: only to marry in the US while still married to another person.
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