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Obscure Divorce Laws

Obscure Divorce Laws Still on the Books

May 18, 2018 by Susan T. Perkins

Obscure divorce laws are no different from any others in that there are still some antiquated loopholes that exist. They tend to be laws that nobody paid attention to anymore and got lost in the books. But, they are still there, and some people can use them as loopholes. This is why having an attorney who has a deep understanding of the law is important. They need to be aware of and ready for any of these laws if the need arises. While it is unlikely you will ever hear about these laws during a case, that doesn’t mean it’s impossible. It also is beneficial to be prepared with certain tactics, which would not only apply to these laws; but more common ones. You can read more about them here.

Divorce Laws: Marriage by Proxy

In five states in the United States, you can still marry if one of you is away. This is meant as a service to soldiers who were away at war or serving somewhere else in the world. So, you do have to be a member of the military to take advantage of this option. One of those states, Montana, will allow you both to proxy the wedding. That means that neither of you has to be present at your wedding!

Marriage Because of a Dare

We’ve all made jokes about getting married to someone or dared someone to marry someone. But, it was never anything legal or realistic. But, that must have happened enough in Delaware that they decided to make divorce laws stating that it is cause for annulment. There is a law that will annul your marriage if you marry on a dare or jest and it is even on the form. And that’s no joke!

Remarrying the Same Person Four Times

If you live in Kentucky, they are going to help you make better decisions about marriage. They have a law that states that if you have married and divorced someone three times, you cannot marry them the fourth. You would think this would make sense, but the divorce laws have to exist for a reason. And it tends to be that there are multiple people who have committed the act before it does. Kentucky has decided to put an end to that.

Mistreatment of Your Mother-in-Law

In Wichita, Kansas; disliking and mistreating your mother is grounds for divorce. There is a law that states it specifically. But, this should make you wonder if you are able to divorce because of the mistreatment of a father-in-law? You might want to try a little harder to get along with your in-laws if you plan on staying in your marriage. It will work out better for everyone!

Illegal Divorce

In the Philippines, divorce is illegal. If you try to get a divorce, it won’t be a binding legal document. This also means that if you get a divorce, which isn’t found to be binding, and then marry someone; you are considered a bigamist. That holds true, regardless of the country you try to marry in. And if your divorce is in the Philippines, you might want to make sure it is valid when you leave. Otherwise, you will still be technically married and still need a divorce. Once that might not count in the Philippines, anyway.

Same-Sex Divorce

In states like Texas that do not recognize same-sex marriage, you cannot have a same-sex divorce. To get a divorce, you have to recognize the union. So, if you are married somewhere else and want to get a divorce; you need to make sure it is recognized in your state. And if it isn’t, you’ll have to travel to one that does recognize it. And remember that divorces can last years. So, if that is the case, it might be cheaper to move.

While it can be amusing to see obscure divorce laws that are still on the books, there is nothing funny about divorce. No matter how long you have been together or how happy you were, it is always a painful and expensive process. It is one that takes as little as months or as long as years. You want it to be as easy as possible. Finding an experienced divorce attorney who has tried hundreds of cases like yours is important. They will not only deeply understand the laws at play, but they will be able to build you a strong defense. Having seen cases like yours play out before is an important insight. You will also need to make sure that you can trust them and that they have your best interests at heart. It can be hard to find someone to represent you who is all of these things, but it is not impossible.

Filed Under: Divorce

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