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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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join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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