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Questions about Remarriage Laws

Divorce can be traumatic - besides the emotional trauma of a divorce, its legal implications can also be quite stressful. Remarriage after a divorce can seem like the end of the trauma, but in many cases, it can lead to difficult questions about the legal standing of the remarriage. Some of the most common questions center around children and remarriage, and remarriage after the death of a spouse. Below are answers provided by Lawyers on JustAnswer to five of the top remarriage questions.

If someone was receiving military benefits from a spouse that is now deceased, can that person remarry without losing some or all of their spousal military benefits?

In most cases, you do lose benefits such as commissary and PX privileges. You also lose your military Tri-care medical benefit. You may apply for the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA). Upon remarriage, you need to turn in your military ID card to the Defense Enrollment Eligibility Reporting System (DEERS). You also need to notify VA of your new name and address. If, however, you remarry a retired military man, you will be eligible for a Military ID card based on the retired military man's service.

Can the 6 month remarriage waiting period in Oklahoma divorce cases be waived or otherwise circumvented?

The Oklahoma divorce law states that you may not remarry for six months in the state of Oklahoma. In most cases if the prior spouse is deceased or if you remarry out of the state of Oklahoma the waiting period can be waived. Oklahoma is pretty serious about this law, and violation can result in a felony conviction for bigamy. Plenty of people remarry the same week in other states. Unless the state you choose to get remarried in has a law preventing you from remarrying until a certain amount of time has elapsed after a divorce, the marriage would be legal.

In Idaho in the event of divorce, are all assets typically split 50/50 even though a 35/65 asset value was taken into the remarriage? Also, is alimony/child support an issue where children were never adopted by each other?

Unless there is a prenuptial agreement, the divorce property settlement is controlled by the state law where you are divorcing. Since you live in Idaho, a "Community Property" state, community property is all property that was acquired during the marriage. This property will be divided equally (50-50) by the court if the parties are not able to come to an agreement. Not all cases involve support from one spouse to the other. The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the court's discretion.

If someone has an MSA that states that the ex-spouse pays spousal support for the rest of his or her life, does co-habitation in California constitute as grounds for dismissing the MSA?

Laws about cohabitation in California are very complex. The term common law marriage is typically used to refer to a long term, co-habitation relationship, but California laws are specific. Registration is undertaken with the State of California, based on certain criteria. If you qualify and are registered, you have several rights of domestic partners that were formerly reserved for married persons. If you never register for a common law marriage, your relationship would not be considered remarriage for the purposes of the spousal support.

What happens if someone is married with a conditional green card and resides in New York, but wants a divorce?

Usually they will have to show that they did not enter into the marriage for the immigration benefit. Generally this consists of showing that they established a joint life, such as joint lease/mortgage; joint accounts; joint credit cards; are on insurance policies together; etc. With a 6 month history in the marriage, the presumption will be against her good faith. If it is strictly a matter of incompatibility then that is the point of the 2 year conditional status. The Department of Immigration is aware that a lot of these marriages don't work out because of the incompatibility of cultures; therefore, they use 2 years as a benchmark to prove the good faith so it is not a subjective determination.

Remarriage can lead to a number of emotional and legal questions. The Family Lawyers on JustAnswer can answer your questions regarding divorce, remarriage after divorce, remarriage after death of a spouse, or any other questions you may have.

Recent Remarriage Questions

I live in Washington state. My husband and I have been married

I live in Washington state. My husband and I have been married for over 3 years. we have a 7 month old baby. My hasband has been seeking prostitute service for the past 3 years. The followings are the evidences I gathered:
1 his phone bills showing the prostitutes' numbers he dialed or text in the past 3 years
2 multiple recorded coversations in which he admitted he has been seeing prostitutes (I secretly recorded the conversations)

Our financial situation: my husband has annual income of 100,000. I do not work right now, however if I divorce, my parents are willing to gift me enough cash to help me get my child's sole custody.

My husband is US citizen, I am permanent resident.

my questions are: what are my chances of getting sole custody of my child? Are the above evidences admissable? if not, what kind of evidences would he helpful?

thank you
What happens during a preliminary conference for a divorce?

What happens during a preliminary conference for a divorce? What type of rulings can be expected? both parties are represented by their attorney
Dear Team I have been reading some of the assistance that

Dear Team

I have been reading some of the assistance that you have provided and the positive feedback.

A private solicitor does not currently represent me and therefore I am hoping that you will be able to provide me some sound financial, and family legal advice.

I separated from my wife in December 2010. We are UK citizens, both French residents, living permanently in France. We married in the UK, were married for 19 years and our divorce was decreed final in the UK in 2012. Due to the fact that we did not seek (or even know to) a financial separation order at the time of divorce, we do not have any court orders or anything formal regards XXXXX XXXXX separations etc.

I have a copy of the dissolution Decree Absolute and supporting Divorce documentation in the form of a Divorce dissolution (judicial) separation petition form (signed by my ex wife) that no financial orders or petitions were being applied for.

We have three school age children whom live with my ex wife. She does not work, claims various French benefits and I pay a very reasonable amount of ‘child maintenance’ a month, which is by way of amicable agreement. My ex wife continues to live in the jointly owned matrimonial home which is completely free of mortgage or any other loans. I moved out of the matrimonial home in December 2010, and have since purchased another home in France with my then partner (now my wife of two weeks) . The home that myself and my new wife own is mortgaged to 80% LTV, with the cash asset having been paid by my partner since I was not in a position to provide any financial assistance other than joint responsibility for the mortgage, based on my salary.

As mentioned I have recently (two weeks ago) re-married and since then my ex wife has decided to instruct a solicitor to “go after as much as she can” , though predominantly her interest is in the “matrimonial house” which we jointly own which she seems to think she will achieve 100% ownership. Previously, we sold a separate property we owned which had just £20K equity, which was split 50/50. We also cashed in an endowment, again approx. £20K equity that was also split 50/50. We had no savings to divide up, we now have separate accounts and all of this was achieved by personal agreement without the involvement of legal representation.

Some six months ago (prior to my remarriage) I suggested to my ex wife that we discuss the “matrimonial house” and draw something up, I imagined that she would want something in place before I remarried. At the time I made several suggestions regards the “house” one was that she could buy me out (should she be able to raise the funds from family members or perhaps her current partner might want to be involved), the other more assailable suggestion I made is that we wait until our youngest child is of adult age and at that time, she either buys me out or we sell the property and split the proceeds enabling us to both achieve our share of the asset, this provides her at least 10 years to plan for this eventuality. I believe that the suggestion I made is similar to that of a ‘Mesher Order’. In the six months that passed she has not come forward to discuss anything, instead, the week I remarried, she visited the UK and instructed legal representation and I am now in receipt of a letter from her solicitors asking for all of my financial information e.g. the value of my house with my new partner, whether it is mortgaged, what available equity, what savings I have, my pension information etc., etc.

Firstly, I would like to know if I am legally obligated to provide the financial information they have requested.

Secondly, do they have any legal jurisdiction over French property or would they be acting in an ‘advisory capacity’ only.

Thirdly and most importantly of all, with the information that I have provided to you, do you believe that my ex wife has grounds for being awarded 100% of our jointly owned home or is this just wishful thinking on her part. I have read hundreds of statements on line but still I am no nearer to having an idea of what is a reasonable expectation and what my actual rights are. My ex wife seems to be of the opinion that she has a good case to achieve 100% of the ownership, I on the other hand believed that all matrimonial assets were jointly owned 50/50 and since we have divided up all other assets fairly, and since the house is mortgage free and therefore a substantial financial asset, obviously I am prepared to pursue my interest in it. I imagine that her legal representation will attempt to bully me or mislead me into thinking that she has more rights, particularly since I will need to represent myself for as long as possible.

Please provide any help you can, even if only to advise my basic rights and whether I should appoint legal representation immediately. I am perfectly articulate but could struggle against legal jargon and bully tactics if they were asserted.