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53 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 ...
ohwilleke's user avatar
  • 220k
50 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'...
zibadawa timmy's user avatar
38 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. ...
Dale M's user avatar
  • 213k
36 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 ...
ohwilleke's user avatar
  • 220k
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
30 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 ...
ohwilleke's user avatar
  • 220k
25 votes
Accepted

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. ...
Michael Seifert's user avatar
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
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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 ...
ohwilleke's user avatar
  • 220k
21 votes
Accepted

A marriage ceremony that was missing a person

Both spouses must be present to marry in almost all U.S. jurisdictions. A handful of U.S. jurisdictions permit people to marry when they are not both physically present at the same place. But, even in ...
ohwilleke's user avatar
  • 220k
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
18 votes

What is the father of 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 ...
sjy's user avatar
  • 9,286
18 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; ...
David Siegel's user avatar
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

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....
David Siegel's user avatar
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
16 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 ...
Richard's user avatar
  • 4,095
14 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 ...
Dale M's user avatar
  • 213k
13 votes

Have wives ever been legally a man's property in the US?

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 ...
ohwilleke's user avatar
  • 220k
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
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 ...
Nate Eldredge's user avatar
12 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 ...
bdb484's user avatar
  • 60.6k
11 votes
Accepted

Will a Muslim with multiple wives who travels to the U.S. be charged with polygamy?

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 polyamorous relationship in the US: only to marry in the US while still married to ...
Dale M's user avatar
  • 213k
11 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, ...
D M's user avatar
  • 7,213
11 votes
Accepted

UK Law - Legal consequences of marriage/divorce

Short Answer Is there a comprehensive list of rights that partners with children gain when they get married (or lose when they get divorced)? No. There are lots, and lot, and lots of things in the ...
ohwilleke's user avatar
  • 220k
11 votes
Accepted

Is it possible to sign a prenup after marriage (still married but post-nuptial)

united-states If a couple is married, but now wants to ensure each keep their respective properties, is this possible? Can a “post-nuptial” agreement be made that ensures property is kept by the ...
ohwilleke's user avatar
  • 220k
10 votes

What are the laws regulating practical polygamy in US?

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 ...
ohwilleke's user avatar
  • 220k
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 ...
David Siegel's user avatar

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