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Remarriage Laws and Related Questions by Meghan Jones





Article Author Biography
Remarriage Laws and Related Questions by
Article Posted: 05/17/2013
Article Views: 80
Articles Written: 575
Word Count: 600
Article Votes: 0
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Remarriage Laws and Related Questions


 
Law
Divorce can be a difficult experience for many people. Remarrying after a divorce can be an end to the entire trauma for some. However, remarriage may come with its own set of difficulties and legal questions. Answered below are some of the important questions regarding remarriage:

A person used to receive military benefits of his/her spouse who is now deceased. Can this person remarry without losing those benefits?
One may lose some of the benefits like commissary and PX privileges. One may also lose the military Tri-care military benefit. However, one may apply for the Civilian Heath and Medical Program of the Department of Veterans Affair. The person may be required to give back their military id card if he/she remarries to the Defense Enrollment Eligibility Reporting System. One may also need to update the VA with one’s new name and address. One may be qualified for a military id card if one remarries a retired military officer itself.

Is it possible to waive the 6 month waiting period for remarriage in divorce cases in the state of Oklahoma?
The divorce law of Oklahoma states that one may not remarry for a period of 6 months after a divorce. Most of the times, the waiting period will be waived if the previous spouse is deceased or if one remarries out of state. However, if one violates this law, it may be considered as a felony and one may be charged with bigamy.

Would assets be split 50/50 after a divorce in the state of Idaho even if a 35/65 asset value was taken into remarriage? Also, would alimony and child support be an issue if either of the spouse’s children were not adopted by the other?
The property settlement after a divorce may be decided by the state law unless there is a pre-nuptial agreement present. The state of Idaho is a community property state. If the couple involved in the divorce cannot agree on how to divide the property, it will be divided equally among them by the court. The issue of child support and alimony may have to be handled on a case to case basis and the parties involved will have to agree to whatever the court decides.

Can someone who is married in the state of New York with a conditional green card seek a divorce?
In order to get a divorce in the above situation, one may have to prove that he/she did not get married for the immigration benefits. One may have to prove that one lived a joint life with the spouse like living on a joint lease, having joint accounts, joint credit cards, joint insurance policies, etc. if the issue is about incompatibility, then a 2 year conditional status may be given to the couple.

An individual has an MSA that states that the ex-spouse must pay spousal support for the rest of his/her life. Will this MSA be dismissed on grounds of cohabitation in California?
California has very complicated cohabitation laws. Cohabitation relationships are often referred to by the term common law marriage. However, one must register in order to cohabitate in California. If one qualifies for cohabitation and registers himself/herself, one may get many rights that are normally provided to married people. If one is not registered, it may not be considered to be remarriage for the purpose of spousal support.

One may have a lot of emotional and legal questions regarding remarriages. One may ask a family lawyer if one needs more information about remarriages.

Related Articles - Remarriage, divorce and remarriage, remarriage after divorce, widow remarriage, remarriage of widows, children and remarriage, child support remarriag,

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