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Strange Divorce Laws

Posted by Ahluwalia Law Professional Corporation | Jul 20, 2013 | 0 Comments

The decision to seek a divorce is very difficult, and can be made even more complicated by strange divorce laws. Divorce laws are typically run on a state level, which means that they vary depending on where you live. In addition, divorce laws apply where you file the divorce, so a law that may apply in one state may not apply in another.

Typically, if you are the one who serves the papers, the divorce will take place in your jurisdiction. San Jose divorce attorney Madan Ahluwalia of Ahluwalia Law

can walk you through the process of determining which divorce laws may apply in your situation. If you decide to file a divorce outside of California, the following strange divorce laws may impact your divorce:

Suing the Mistress! Alienation of Affection

In some states,  divorce laws give scorned spouses the right to sue their ex spouse's lover for damages! The term in many states is called “Alienation of affection.”  This occurs when a third party is held responsible for the failure of marriage. For example, if a husband was cheating on his wife with their nanny, the wife would have the right to sue the nanny for financial compensation. This law does not apply in California, although there are situations where evidence of misconduct can be used against you in a San Jose divorce. 

Repeat Divorces and Remarriages

In some states, it can be illegal to remarry the same person! In California, there is no limit to how many times you can marry the same person, although California courts may be hesitant to grant marriage licenses to couples that have a habit of divorcing and re-marrying the same person.

Acts of Malice or Jest

Do you like your mother-in-law?? Well, in Kansas, the courts will allow a divorce if a man mistreats his mother-in-law.   In Tennessee, claiming that your spouse attempted to poison or acted in malice, can be grounds for divorce. In Delaware, if a couple entered into marriage as a “jest” or a “dare,” they can have their union annulled. Although in California these actions are not grounds for divorce, they may be arguments used to determine property division and/or modification of support.

San Jose Divorce Attorney

To learn more about specific divorce laws in California and how they may apply in your situation, please call San Jose family law attorney Madan Ahluwalia of Ahluwalia Law P.C. (408) 416-3149 or contact us online today.


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