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LSDefine

Simple English definitions for legal terms

last-in-time-marriage presumption

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A quick definition of last-in-time-marriage presumption:

The last-in-time-marriage presumption is a rule in family law that says the most recent marriage is considered valid. This usually comes up when someone gets married again, thinking they are divorced, but their previous marriage was never legally ended. If that person dies and their new spouse tries to claim their pension benefits, the former spouse who was never legally divorced can also try to claim the benefits. The last-in-time-marriage presumption means that the former spouse has to prove that there was no valid divorce in order to claim the benefits.

A more thorough explanation:

The last-in-time-marriage presumption is a legal concept in family law that assumes the most recently contracted marriage is valid. This presumption usually applies in situations where a person remarries, believing they are divorced, but their former spouse claims there was never a valid divorce.

For example, let's say John and Jane were married, but they separated and John moved to a different state. John filed for divorce in his new state, but Jane never received the papers and didn't respond. John assumed the divorce was granted and remarried. Later, John dies, and his new spouse claims his pension benefits. However, Jane comes forward and says the divorce was never valid because she never received the papers. In this case, the last-in-time-marriage presumption would apply, and Jane would have to prove that there was no valid divorce.

The last-in-time-marriage presumption is used to determine which marriage is valid when there are multiple marriages or claims to benefits. It places the burden of proof on the party claiming that a previous marriage is still valid.

last-injurious-exposure rule | last-link doctrine

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HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
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