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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.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9402
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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7 Family Lawyers are Online Now

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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 Remarriage Questions

  • My fiance and I are planning to marry on 12/13/14 in Sevierville,

    My fiance and I are planning to marry on 12/13/14 in Sevierville, TN. I've been divorced since 2012. He has been seperated for 10 years and his divorce became final 11/21/14 (Alabama-non contested). Not sure if it matters, but we will reside in AZ. What does 'no waiting period' mean regarding Tenessee mariages/licenses? What happens during the application process?
  • I have a specific alimony agreement (in hawaii) that lists

    I have a specific alimony agreement (in hawaii) that lists specific stop dates and stop circumstances, non of which are remarriage of myself. #1 Alimony was the car payment (in lieu of his retirement), which he was ordered to pay off by Jan 2015, or if i traded it in his obligation stopped. If in the circumstance he defaults on payments, I am then entitled to his military retirement. He stopped paying the payment May 2014 and is just now taking me back bc he found out I was remarried in Oct 2013. Can the responsible party or the court order termination and/or reimbursement of alimony even tho the obligatory person stopped paying before he knew i remarried and the fact it was not a specific circumstance of the agreement of termination. And how do i argue his desire to be reimbursed. i have a hearing tomorrow. All Ive read refers to specific agreements but only go into detail about court ordered agreements.
  • Is it considered co-habiting if my friend rents an apartment

    Is it considered co-habiting if my friend rents an apartment from me that is under a different roof but on the same property.
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