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Divorce Questions Answered

Divorce Questions Answered

WHAT IS A DIVORCE?
A divorce, also known as a marital dissolution, is the legal termination of a marriage.  A divorce, like any other form of family law and domestic relations is considered the sole jurisdiction of the States and as such the States are free to have their own laws concerning both the divorce and rights to property, alimony, and child issues subject to the divorce.
Traditionally a divorce could only be decreed subject to certain conditions.  These conditions included: Cruel and Inhuman treatment; Abandonment; A specific period of time that one spouse has been incarcerated in prison; Adultery; and the legal determination of the insanity of one of the spouses.  These conditions were prevalent among States that required a fault-based divorce.
The modern trend, and the law in every State in the union, is to follow a no-fault divorce standard.  These States do not require either spouse to show fault on the part of the other.  In these situations the court need only find: (1) that the marriage is no longer tenable, (2) that certain conditions, known as “irreconcilable differences have caused the marriage to be irretrievable; or (3) that the marriage is irretrievable.  In contrast to fault-based divorce a no-fault divorce is relatively simple and since New York’s adoption of the policy in August of 2010 it is accepted in every State in the Union.
WHAT IS A SEPARATION AGREEMENT?
A separation agreement is unlike a divorce in that it does not legally terminate a marriage.  When a court orders a separation it will also outline the rights and obligations that each individual who is a party to the marriage has pertaining to child custody and support, division of property, and spousal support.  In essence a separation agreement can be considered a “test run divorce.”
WHY WOULD I WANT A SEPARATION AGREEMENT?
There are a number of reasons why a separation agreement may be more beneficial to both you and your spouse.  First, and most importantly, it allows time for the couple to be separated and determine whether or not the marriage can or should be saved without going through the finality of divorce.  Secondly, all those rights that go along with being married, including: medical benefits, social security benefits and rights associated with wills and intestacy law that only a spouse can benefit from. 
If a separation does not solve the problem the married couple can go to the court and petition for a conversion divorce.  What this means is that the Family Court will take the separation agreement and convert it to a divorce decree.  In many situations the court will find that the specifics associated with child custody, child support, and spousal support are adequate if not argued during the period of separation and the court will institute these specifics directly into the divorce.
As with any other matter dealing with Family Law, these provisions are State specific and if an individual is considering a divorce or separation agreement he or she should not only consult with an attorney specializing in family law but also research those laws that are specific to their jurisdiction.

Bipartisan Group of U.S. Politicians Continue Fight for Gay Marriage

Bipartisan Group of U.S. Politicians Continue Fight for Gay Marriage

They come from two different parties, who in recent years seemingly haven’t been able to agree on any major political issues.  However, the “Commitment Campaign”, made up of both Democrats and Republicans alike, are pushing for more favorable treatment of gay marriage throughout the United States.  
Members of the bipartisan group include Maryland Governor Martin O’Malley, a Democrat; Rhode Island Governor Lincoln Chafee, former New Jersey Republican governor Christine Todd Whitman, and Ken Mehlman, former chairman of the Republican National Committee.
The group is now pushing their campaign on the basis that the homosexual community seeks marriage rights not solely for political and equal rights reasons, but rather because they are committed just as any heterosexual couple are.  Of course, many politicians from both parties still oppose gay marriage in their communities.  The debate has been heating up as Congress debates the repeal of the “Defense of Marriage Act” and individual states moving towards gay marriage legislation.  

Polygamist Bishop Found Guilty for Marrying Girl to Warren Jeffs

Polygamist Bishop Found Guilty for Marrying Girl to Warren Jeffs

Reports from the San-Angelo Standard-Times indicate that the former Bishop of the controversial Fundamentalist Church of Jesus Christ of Latter Day Saints has been found guilty by a jury of his peers for presiding over the marriage of a 12 year old girl to notorious polygamist Warren Jeffs.  
The case has attracted the attention of legal analyst from across the country, as Frederik Jessop put forth a defense that the religious act of “sealing” did not have the effect of marriage under Texas state law.  Many believe such a defense invokes freedom of religion and marriage laws, however the difficult facts lead to the conviction by the jury.  
Jessop now faces the punishment phase of the system, and may receive between 2 to 10 years in prison and up to a $10,000 fine.  He was convicted of conducting an illegal ceremony, a seldom used law in Texas that has been brought to the forefront with charges against members of the polygamist church.  

Save My Marriage

Save My Marriage

Divorce is expensive and harmful to children that a divorcing couple might have.  Child support arrangements can become complex and end up costing the non-custodial parent a significant amount of money, often withheld from his or her pay.  If at all possible, couples should only pursue a divorce, only when all other attempts to save the marriage have failed.  There are a number of ways to save a marriage, including couples therapy and dispute resolution.  Even couples not considering divorce can benefit from services designed to save marriages.  These “save my marriage” help to resolve disputes, break destructive patterns of behavior and foster better communication between the spouses?
How do I save my marriage?
For those that do not want to pursue outside services and would like to work on saving their marriage alone, this is probably not recommended, but possible.  For couples that are not constantly or actively fighting, simply communicating is an excellent way to resolve disputes.  Communicating does not mean arguing and this approach will only serve to entrench both spouses in their side of the argument, however irrational or irrelevant.  
You must pursue communication with the intention of saving the marriage, by being honest about patterns of behavior you find objectionable and actions you feel compromise the integrity of the union.  Again, care must be taken here to avoid outright criticism and belittlement.  You must also be prepared to take criticism and if necessary avoid actively defending yourself as this may spark another argument.  For this situation, a marriage counselor would be useful, to facilitate and moderate the discussion
What is marriage counseling and how does it save my marriage?
Marriage counseling exists to have a trained professional facilitate dialogue between bickering spouses.  Through open and honest communication, spouses can resolve their problems and break patterns of behavior, often patterns they were unaware of, that affect the relationship.  This is an effective way to save marriage.  The marriage counselor is typically a trained professional with a degree, but the amount of input and intervention on his part will be limited to what the couple feels comfortable with accepting.  Couples can work to save their marriage with the marriage counselor merely facilitating, although there is a good chance the marriage counselor will identify behaviors and actions causing the disagreements, often missed by both spouses.
What are alternatives to marriage counseling?
Is not necessary for couples to seek mandatory counseling services and any number of trusted persons can facilitate dialogue to save a marriage.  For most people this will be a religious leader, trusted mutual friend or family member.  There are inherent risks of introducing bias into the counseling if the other person does not remain completely impartial.
Joint activities, ranging from a simple as shopping together to as complicated as marital boot camp can improve the bond between spouses and save marriage through partnership and increased interaction, which fosters lasting communication and trust.
Sexual tension can be a factor in marital stress resolving this issue can also help the health of a marriage.  As farfetched as this solution sounds, some states will allow at-fault divorce on the grounds of not engaging in marital relations, in addition to other wrongs.  Clearly, this is usually not a complete solution, but can help to facilitate communication, intimacy and reduce stress that might be affecting the marriage.

Copy of Marriage License South Carolina

Copy of Marriage License South Carolina

 

How to get a copy of marriage license in South Carolina

 

Unless you are in a common law marriage, two spouses who are seeking to have their relationship legally confirmed by the state must undertake the legal marriage process. The first copy of marriage license in South Carolina you will receive must be obtained by applying in person. Both the bride and groom must be present. In addition, anyone under the age of 18 seeking copies of marriage license in South Carolina. A parent of any 16 or 17 year old applying for marriage must appear with their child to give their consent.

 

To obtain copies of marriage license in South Carolina, appropriate documentation must be presented. Appropriate documentation can consist of:

 

• A currently valid passport or driver's license

• A birth certificate

• A military ID card

• A non-driver's license government-issued ID

 

After this form has been completed, you must wait 24 hours before picking up a copy of marriage license in South Carolina. A marriage ceremony cannot be performed without this document. A marriage certificate will document that you have received copies of marriage license in South Carolina.

 

At a later date, you may need additional copies of this document. In order to obtain a copy of marriage license in South Carolina, you must be:

 

• One of the spouses

• One of the spouses' adult children

• One of the spouses' present or former partners

• One of the spouses' legal representative

 

People who do not file under these categories may not request copies of marriage license in South Carolina. However, they may request a document detailing the date and location of marriage. 

 

If you are seeking copies of marriage license in South Carolina relating to ceremonies performed in July 1950 or afterwards, you will file your request with the Vital Records Services department of the state's Department of Health and Environmental Control. You must present proper, government-issued identification in order to receive this document. A copy of marriage license in South Carolina can be requested in person at the office in Columbia. There will be a $12 fee assessed for this service, as well as a $3 charge for all additional copies.

 

People who cannot visit the offices in person can request copies of marriage license in South Carolina through the mail. The same charge will apply for this service. However, whereas in-person searches for a copy of marriage license in South Carolina can be conducted in under an hour, executing this process through the mail can take anywhere from two to four weeks.

 

You may also conduct this process over the phone or online. The VitalChek company is responsible for privately processing these types of searches for copies of marriage license in South Carolina. They will charge an additional $12.95 fee for this service, making this the most expensive way to conduct this process. However, they will deliver a copy of marriage license in South Carolina within a week's time.

Marriage Registration

Marriage Registration

WHAT IS MARRIAGE REGISTRATION?
In most States, upon the completion of a marriage ceremony and the filing by the marital official of the marriage license, the clerk of the County or City in which the ceremony was performed will automatically send the certificate of marriage registration to the applicants within a specified period of time.  The purpose of a marriage registration is to have a recorded document of the completion of the marital act for the public records.

WHAT DO I HAVE TO DO TO RECEIVE A CERTIFICATE OF MARRIAGE REGISTRATION?
The act of obtaining a certificate of marriage registration is somewhat automatic and does not involve any action on the part of the husband or wife.  Upon the completion of the marriage ceremony the official performing the marriage will file the completed marriage license with the appropriate clerk’s office.  Upon the receipt of the marriage license by the clerk’s office a certificate of marriage registration will be sent to the marital domicile within fifteen (15) days of the filing of the marriage license. 

OK I UNDERSTAND THAT BUT WHAT DO I HAVE TO DO TO GET A MARRIAGE LICENSE?
Prior to any kind of ceremony it is required that a couple to be married obtain a marriage license.  This is done by going to the clerk’s office of your City or County and applying for a marriage license.  States differ on what their requirements are for a marriage license but most, at a minimum, require that each individual who is party to the marriage bring with them proper identification, documentation of residency and proof that one is not already married.  This last requirement may take the form of certificates of divorce, annulment or proof of death of former spouse.  In addition to the documentary evidence required there are also processing fees involved.  Most States require a nominal filing fee somewhere in the range of $30 – $50 dollars. 

OK, I’VE GOT THAT, IS THERE ANYTHING ELSE?
Yes, in addition to the documentary evidence and filing fees there are a couple of rules that are significant in obtaining a marriage license. 
First, in this country the idea of an incestual relationship is highly frowned upon.  Therefore the States will not permit individuals who are closely related by blood to wed.  As with all marital laws this varies from State to State and there have been a number of situations where the courts have allowed certain marriages, that would otherwise be considered illegal, to be valid due to religious reasons.  

The Truth about Bride Kidnapping

The Truth about Bride Kidnapping


Bride kidnapping, commonly known as marriage by capture, is generally considered a historical practice. During a bride kidnapping, the man would abduct the woman whom he wished to wed. Currently this type of kidnapping still often occurs in countries in Central Asia, Caucasus region, and certain areas of Africa. Since kidnapping is seen as a crime in most countries, bride kidnapping is considered a sex crime as opposed to the intended form of marriage.  


This type of kidnapping is often seen during a forced or arranged marriage. During a bride kidnapping, only the man is involved with the kidnapping of the woman; no other individuals are physically involved. Generally speaking, the man will inform only his parents of where he is planning to take the bride. When the couple returns, they will be legally wed. Often bride kidnapping is still done as a practice of ritual or culture.  


Copy of Marriage License Arizona

Copy of Marriage License Arizona

 

 

You will be able to obtain a copy of marriage license in Arizona through the Clerk of the Superior Court’s Office, which maintains these records.  This is the way to obtain the certified copy of marriage license in Arizona and all other sources can give you verification or unofficial copies, at best.  The Office of Vital Records does not provide access to marriage records and you will work with your local county or contact the Clerk of the Superior Court directly to obtain your copy of marriage license in Arizona.

 

 

What locations can I use to get a copy of marriage license in AZ?

 

 

There are a number of offices across the state where requests for records can be filed accordingly.  This includes two customer service centers in Phoenix as well as locations in Mesa and Surprise.  You will find these service centers open on weekdays and if you cannot appear in person to request your documents, you will need to make your request via mail, which is a bit more complicated since you will not have a helpful representative to guide you through the process.

 

 

What information do I need to request a copy of marriage license in AZ?

 

 

You will need the following information when making any request for a copy of marriage license in AZ, either in person or by mail:

 

 

– Full legal name of the man and wife, including wife’s maiden name

 

 

– Year of the marriage

 

 

You might also include the marriage license number, though this is not mandatory.  The marriage license number would be at the bottom of anyway valid copy of marriage license in AZ.

You are also required to have photo ID, as the marriage license is typically granted to close relations and the couple themselves, unless otherwise noted.

 

 

How do I order a copy of marriage license in AZ by mail?

 

 

You will need to have all of the above information required to obtain a copy of the birth certificate stated above and enclose a check or money order totaling $26.50.  Cash is not accepted as payment for a copy of marriage license in AZ.  You will also have to include a self-addressed and stamped business –sized envelope or enclose a separate check for $7 to cover the cost of shipping and handling.  Check with the processing center before sending any requests to determine if the requirements to have a copy of marriage license in Arizona sent you have changed and also if you will need your request notarized or have to send in a copy of photo identification to get the copy of marriage license in Arizona.

 

 

Can I order a copy of marriage license in AZ online?

 

 

Though some states will use services such as VitalChek to process online requests, this is not available in the state for the copy of marriage license in Arizona.  You will have to work with the Clerk of Court in the county or state to facilitate obtaining the copy of a copy of marriage license in Arizona.

 

 

Annulment of Marriage in Tennessee

Annulment of Marriage in Tennessee

 

 

Getting an annulment of marriage in TN rather than a divorce is difficult and rare, as there are strong restrictions and requirements on annulments.  Unlike a divorce, an annulment of marriage in TN is an admission that the marriage never existed as there was no way the two spouses could have mutually consented to the marriage.  Note that “mistake“ marriages or marriages that happen on a whim are not eligible for annulment of marriage in Tennessee and the couple will have to be divorced in the conventional sense.

 

 

Grounds for the annulment of marriage in TN

 

 

Age of consent – the age of consent to marriage in Tennessee is 18, but minors may marry with parental permission.  Marriage without this permission constitutes a lack of legal consent on the part of the minor, who cannot be entrusted with the responsibility to be married.  There will be a process, in court, to determine if appropriate consent was given and if an annulment of the marriage in Tennessee is necessary.

 

 

Bigamy – if either spouse is legally married and that marriage still exists at the time of the second marriage, then then subsequent marriages are annulled, with no further procedure or action on the part of the spouse under annulment of marriage in Tennessee.  The may still seek damages and other legal remedies if the bigamous marriage was obtaining through deception and the other spouse gained an undue benefit from the fraudulent marriage.

 

 

Mental ability – annulment of marriage in Tennessee takes into consideration the mental state of the spouse at the time of the wedding.  If it can be established that the spouse was unable to properly consent to the marriage at the time of the wedding or could not understand the responsibilities of the wedding contract, the marriage can be annulled.  The marriage need not be subject to annulments of marriage in Tennessee and this ground for annulment need not apply if the mental condition of the spouse improves and they are then able to understand the marriage contract and live with the spouse.

 

 

Fraud – a marriage can be obtained by fraud and subject to annulment of marriage in Tennessee if the other spouse is tricked into thinking a child is theirs, that no other spouses exist or other deception.  When and if this can be proven, this is grounds for an annulment of marriage in Tennessee.

 

 

Force – coercion into a marital union is not only criminal behavior, and even threats at the time of the marriage ceremony are sufficient to have the annulment of marriage in Tennessee.

Impotence – if either spouse is unable to have children, the impotence was present since the beginning of the marriage and still remains, then this is grounds for annulment of marriage in Tennessee.

 

 

Annulment of children and annulment of marriage in TN

 

 

Despite the fact that an annulment of marriage in TN eliminates the marriage from the state record, children of that marriage are still subject to child support and custody hearings.  This will have to be determined as it would have been in a typical divorce case.  Children are not illegitimated due to annulments of marriage in Tennessee and will be considered the rightful heir to the estate of either parent as well as the children from legitimate marriages.

 

 

Getting annulments of marriage in Tennessee

 

 

Getting annulments of marriage in Tennessee is easier said than done.  To being the process of an annulment of marriage in TN, speak with a family attorney.  The attorney will brief you on the guidelines for annulments of marriage in Tennessee especially the grounds under which these are granted.  Remember that the grounds are limited and annulments of marriage in Tennessee are not the same as divorces, meaning that one cannot use this process to avoid alimony and other obligations.  The annulments of marriage in Tennessee attorney will demonstrate the lack of the consent leading up the union, thus establishing the grounds for the annulment of marriage in TN.

 

 

Annulment of Marriage in Wisconsin

Annulment of Marriage in Wisconsin

 

How to Do an Annulment of Marriage in Wisconsin

 

 

What is an “annulment”? Is it anything like a divorce? Not quite…. So how to do an annulment of a marriage in Wisconsin?

 

 

The reality is it sort of differs from state to state; but the definition of an annulment of marriage in Wisconsin is pretty clear.

 

 

The Basic Definition of an Annulment of Marriage in Wisconsin

 

 

While a divorce is basically dissolution of a marriage, an annulment is just nullification, a cancellation of the marriage. Think of it that way. While divorce ends the marriage, an annulment of marriage in Wisconsin makes it so that the marriage never existed in the first place.

 

 

This has tremendous consequences, affecting everything like:

 

 

1. Parenting Time

 

2. Child Support

 

3. Child Custody

 

4. Alimony

 

5. Property Distribution

 

 

Basically the marriage never occurred. So neither party has a responsibility toward the other as lawfully required by a divorce petition.

 

 

How to do an annulment of a marriage in Wisconsin is as easy as understanding the grounds….

 

 

What Are the Grounds for Annulment of Marriage in Wisconsin?

 

 

Not only is basic concept of an annulment of marriage in Wisconsin different from your basic divorce petition, it’s also different in terms of the grounds for it.

 

 

Here are the grounds for annulment of marriage: Wisconsin

 

 

1. Lack of Consent : Annulment of Marriage in WI

 

2. Impotency : Annulment of Marriage in WI

 

3. Invalid Marriage : Annulment of Marriage in WI

 

4. Intoxication : Annulment of Marriage in WI

 

 

Keeping these grounds for annulment of marriage would be important. Why? Because they’re crucial in understanding how to do an annulment of a marriage in Wisconsin.

 

 

What Would Constitute a Lack of Consent?

 

 

When figuring out how to do an annulment of a marriage in Wisconsin, knowing what is considered a lack of consent is important:

 

 

1. Underage : Annulment of Marriage in WI

 

2. Mental Capacity : Annulment of Marriage in WI

 

3. Forced Compliance : Annulment of Marriage in WI

 

4. Fraud : Annulment of Marriage in WI

 

 

Legally, if you’re under age, the marriage is invalid. Therefore even if there’s a marriage certificate issued out, a party in that marriage can successfully filed for an annulment of marriage in Wisconsin, so long as the proper documents and paperwork has been filed with the help of a quality family attorney.

 

 

Obviously, if a person is mentally unstable in one fashion or another – either by mental illness or intoxication – legally a person can annul a marriage just as successfully, because that mentally incapable person wouldn’t be reasonably able to make the decision to enter into marriage.

 

 

Likewise, a person being forced into marriage would in general nullify the contract under those grounds for annulment of marriage. Without a doubt, the obvious grounds for annulment of marriage in terms of fraud would be if one of the persons in the marriage was already married to another person. Logically, if someone’s already married, that someone can’t be married again to someone else until that someone officially divorces.

 

 

In addition to these grounds for annulment of marriage, know that there are time limits. How to do an annulment of a marriage will also require an observance of time limits, such as underage requirements – within one year of filing for an annulment. The same goes for mental capacity as well as intoxication.

 

 

However, an actual illegal marriage – either by a previous marriage not dissolved through divorce or annulment, or same-sex marriages, or consanguinity marriages – has a time limit of ten years. Bigamy actually has no limit at all; that simply means a person can investigate on how to do an annulment of a marriage and pursue it without worry of a statute of limitations if his or partner is a bigamist.

 

 

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