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Marriage Law Related Questions

For most individuals, marriage is one of life’s most important decisions. It is a long term commitment and is one of the most legally binding relationships. Every marriage is governed by the marriage law in the state where the marriage takes place and brings with it legal rights and responsibilities. Since the laws can vary from state to state, doubts and questions about the legal aspects of marriage law in your state are bound to arise. Lawyers on JustAnswer receive and answer a number of questions about marriage law, like the ones below.

How is consummation legally defined regarding marriage and divorce law?

Consummation of marriage is generally considered to have happened when a married couple has sexual intercourse. However, any type of sexual activity other than regular intercourse is excluded. Anal or oral sex would not be considered sexual intercourse. In most cases, in order to get a marriage annulment, the marriage must not have been consummated. If it is, then the only way to end a marriage is usually through divorce.

Can first cousins marry legally?

There are a few states that recognize first cousin marriages, but the majority of the states do not. In most states, if first cousins have married, then the marriage should be annulled on the basis of the first cousin relationship legality clause. If your state of residence does not recognize a first-cousin marriage, then the annulment should also take place in the same state where the marriage took place.

Does Ohio recognize a marriage in Jamaica if both parties are residents of Ohio?

When you marry abroad, Ohio recognizes the marriage as valid as long as it is valid in the jurisdiction you were married in. In other words as long as your marriage is considered valid in Jamaica, it should be recognized as a legal and valid marriage in Ohio. It would be a good idea to register the marriage in your state of residence to further ensure that your marriage is legally recognized and registered. Without the marriage being recorded, there could be complications with divorce if there should ever be a need for it, since the marriage isn’t registered, and by extension, any future marriage would be automatically void because you never actually divorced from a lawful marriage.

If a UK citizen and a US citizen get married in California, are there any travel restrictions for either of them following the marriage?

After marriage, the UK citizen must file for a change of status to get a green card. Without filing this change in status, returning to the US may be a problem. The O type visa is considered a dual intent visa, so the traveling party can file for an adjustment of status to keep from jeopardizing the visa status. Once a green card with I-131 is filed, you may leave the US and return. International marriages can cause legal complications that can impact more than international travel. If you have specific questions about the legal implications of your international marriage, ask a family lawyer on JustAnswer for quick and affordable answers to your questions.

How would someone protect their assets before and during a marriage?

In order to protect assets that you have prior to marriage, you should get a prenuptial agreement. A prenuptial agreement is an agreement between two people that outlines the financial consequences of their marriage ending. Given the high legal fees and stress involved in a divorce, the frequency with which relationships end nowadays, and peoples’ increasing financial sophistication and independence, a prenuptial agreement can benefit just about everyone. Drawing up and filing a prenuptial agreement can either be very simple or complicated depending on the financial complexity involved. In many situations, it may be a good idea to consult a marriage law attorney. If you are not sure whether you need an attorney while drawing up your pre-nuptial agreement, you can ask marriage law experts on JustAnswer.

Marriage law covers many aspects of a marriage including the financial, contractual, regional, and many other aspects of a marriage. The law recognizes and addresses most of the potential legal issues and complications that a marriage can have. However, most individuals are unaware of these provisions, and consulting an attorney for every doubt and question can be an expensive undertaking. Bringing your doubts and questions to family lawyers on JustAnswer can be a cost-effective way to get answers to your marriage law questions quickly.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9283
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
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8 Family Lawyers are Online Now

How JustAnswer Works:

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Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Marriage Law Questions

  • New Question for Ray::In the 657 Motion we are doing for

    New Question for Ray::

    In the 657 Motion we are doing for a new trial we think we put as the issues the following:
    1. we allege our dad was never married to girl friend
    2. that girlfriend was not a putative wife because of her bad faith actions
    3. the Court was biased and prejudicial
    4. the court timely received documents before the May 31, 2013 trial that Movants allege were either misplaced, lost, or suppressed that Movants were unable to use/present at trial
    5. inadmissible evidence was used to support the Court's decision
    6. Insufficient credible evidence to support the decision rendered
    7. Evidence was unfairly and inequitably excluded
    8. The scope of the trial was narrowed to marriage only, but this was not communicated to us in advance of the trial so we could properly and effectively prove girlfriend's bad faith. The Official transcripts do not reflect the Court ever communicating the narrowed scope.
    9. During the discovery phase the Court did not compel girlfriend's estate executor to produce copies of bank signature cards with our dad's signatures on file at banks. The discovery was more than 9 months and ran into the time of the trial. Because the court did not compel girlfriend's estate to comply, Movants were harmed and suffered an unfair litigation disadvantage during trial. The Court in its ruling stated no evidence was offered by movants that the signature on the marriage document was a forgery, even though the court did not compel girlfriend's executor to produce the evidence needed to troubleshoot that point.
    The wording from the motion template says the following:
    ". . . and for a new or further trial on the issues of:"

    Then the template says: "The grounds upon which the motion is and will be made are as follows:" (We think the list below goes here)

    1. Scope of trial was too narrow to allow Movants to adequately litigate the issue
    2. Our dad's estate attorney litigated 98% of the trial on behalf of girlfriend's estate Executor. We did not know ahead of time she would be litigating against us. Dad's estate PR and this attorney were not named as parties in this action. She offered no brief.
    3. At the January 4th hearing the Court told us we could not have nay more continuances
    4. Girlfriend's estate executive did not comply with a subpoena dues tecum and bring a document requested to the trial.
    5. New evidence was discovered the day before trial that needs a court order to follow through on. Since the Court said no continuances for us we had to go on.
    6. The error the Court operated in using current marriage law instead of the old repealed law in force during the 1970's.

    Ray, we are not sure that what we put as a issue is an issue, or if instead it is grounds. The same goes for our grounds list. please critique for us and offer any wording suggestions or additions to our grounds or issues list.
  • I split (left the house) with my wife almost a year and a half

    I split (left the house) with my wife almost a year and a half ago. I then moved abroad with work about 6 months ago. She was originally going to make the move with me, but now has decided not to and is requesting a divorce. We have 1 child together and one on the way.

    What visitation rights do I have now that I have left the country Can I request that the children come and visit every summer? what do the courts say about visitation and travel cost during seperations divorce.
    She currently does not work and I give her money to survive. In the event of a divorce can the courts require me to pay additional funds.

    If I no longer reside in the UK and I am not a UK resident/citizen does UK marriage law have any impact on me? If I choose to ignore any UK gov't settlement, what Jurisidiction do they have on me.

    Thanks,
    Andrew
  • This is a question about international marriage law. How could

    This is a question about international marriage law.
    How could I go about serving divorce papers on a man who is an American citizen, but is hiding in Taiwan, trying to avoid being served.
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