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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.
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