legally married

Can A Person Be Too Incompetent To Divorce?

Published on: September 6, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How will the judge divide our property?”

We’ve all heard that there are restrictions on marriage. For instance, those who are closely related may not be able to legally married, same with young people under a certain age. Another restriction on marriage has to do with mental competence; a person who has been deemed incompetent cannot validly enter into a legal marriage. The question before the Kentucky Supreme Court is whether such a restriction should apply in reverse: can a person be too incompetent to legally divorce?

Rhode Island Court Recognizes Common-Law Marriage

Published on: July 5, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can I sue someone for breaking up my marriage?”

Many people have heard about common-law marriage, believing incorrectly that if you only live with a person for a certain number of years you can become legally married despite never going through the formal steps. While common-law marriage does exist, it does only under very limited circumstances and only in a small number of states. In fact, these days a variety of legal hurdles have been constructed to ensure that it is very rare for a court to acknowledge the validity of a common-law marriage.

Federal Court Reinstates Utah’s Bigamy Law in “Sister Wives” Case

Published on: April 14, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What does uncontested divorce mean?”

The family from television’s “Sister Wives” is back in the news after a federal appeals court restored Utah’s state ban on polygamy this month. In 2013, a federal district court had struck down main parts of that state law against bigamy, or holding more than one marriage license at once. The 2013 ruling found that the state law violated the polygamists’ right to religious freedom and privacy.