52
votes
A man killed my son and married one of the witnesses. Can the witness's statements still be used in court against him?
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 ...
- 134k
48
votes
Were USA states really this disconnected in 1964, and was bigamy really punished by death?
I'm thirding the "very plausible" on the disconnect.
Something to keep in mind is that the US is big. Really big.
It's one of the top things people who aren't familiar with the US just don'...
- 2,321
36
votes
Were USA states really this disconnected in 1964, and was bigamy really punished by death?
Were USA states really this disconnected in 1964
Yes.
Indeed they still are quite disconnected by the standards of other federated nations. US states have always jealousy guarded their autonomy. ...
- 151k
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)...
- 151k
35
votes
Accepted
Is it a crime to have child outside of wedlock?
Is it a crime to have child outside of wedlock?
Giving birth itself, regardless of the circumstances, is never a crime in the United States.
Some sexual acts which can sometimes result in the ...
- 134k
28
votes
Accepted
Does being engaged (to be married) carry any legal significance?
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 ...
- 134k
25
votes
If a person punches my wife and I am right there, do I have a right to punch that person, or use a singular subduing technique in response?
massachusetts
This is a matter of state law, so let's look at a particular state: Massachusetts. My answer below is largely based on the Massachusetts model jury instructions for self-defense cases.
...
- 5,757
23
votes
Can an incapacitated individual consent to marriage?
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 ...
- 22.1k
22
votes
Accepted
What are the legal implications of a common-law marriage followed by a formal marriage?
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 ...
- 134k
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 ...
- 134k
17
votes
Accepted
Power Of Attorney Over Mom: Step Children versus Biological Son
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....
- 92.7k
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 ...
- 160k
17
votes
Were USA states really this disconnected in 1964, and was bigamy really punished by death?
Yes, the Disconnect is Plausible
The US has always been quite localized in the collection and retention of vital statistics. Even today there is no central repository or database of such information; ...
- 92.7k
16
votes
What is meant by the father and the bride test?
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 ...
- 3,451
15
votes
If a person punches my wife and I am right there, do I have a right to punch that person, or use a singular subduing technique in response?
england-and-wales
In English law, you would have an absolute right to defend your partner (or in fact any innocent bystander) using what is referred to as 'reasonable force'. In this instance, you ...
- 2,488
13
votes
Accepted
Can I keep my last name if I get married?
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 ...
- 20.7k
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 ...
- 671
12
votes
Accepted
Was (is?) pre-marital sex illegal anywhere in the United States?
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 ...
- 22.3k
12
votes
Can an incapacitated individual consent to marriage?
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 ...
- 160k
12
votes
Accepted
Can an incapacitated individual consent to marriage?
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, ...
- 6,119
11
votes
Accepted
What are the laws regulating practical polygamy in US?
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 ...
- 151k
11
votes
Accepted
Why is Age of Consent set at a specific age?
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 ...
- 151k
11
votes
Is it a crime to have child outside of wedlock?
The father (who else would it be? Also, it is not compulsory in some jurisdictions to name the father on a birth certificate but that doesn't necessarily stop him from having contact or being liable ...
- 22.1k
11
votes
If a person punches my wife and I am right there, do I have a right to punch that person, or use a singular subduing technique in response?
There are two options in Washington state for using force against the assailant. The first is in defense of a family member, see RCW 9A.16.110(1):
No person in the state shall be placed in legal ...
- 160k
10
votes
What is the legal status of challenging polyamory prohibition in USA?
"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 ...
- 44k
10
votes
A man killed my son and married one of the witnesses. Can the witness's statements still be used in court against him?
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 ...
- 92.7k
10
votes
Accepted
Is It Legal to Marry a Jew?
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, ...
- 160k
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 ...
- 7,337
10
votes
Can an incapacitated individual consent to marriage?
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 ...
- 691
10
votes
Is marriage rejection on the basis of caste a criminal offence?
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 ...
- 160k
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