2014年07月

Question

married or not?


my fiancee got maried by force in lebanon (religious mariage) she is in usa now. How to know if she is married for usa laws? can they make available this mariage in usa without her signing anything in usa? she wants to go to france but she needs to know if she is married in usa. if she is not, so she is free to be married in france coz religious marriage are not available. if she is, we need to make her divorce ( she doesnt live with the husband, they wait for a ceremony) So we want a way to check her marital status in usa.( her usa passport is still same, still same family name but I dont know if in usa the wife changes her family name to husband's name)



Answer

Re: married or not?


The basic rule is that a marriage valid where celebrated is valid everywhere. Thus, if the marriage is valid in Lebanon, it is probably valid in Florida and in France. However, at least two other factors must be considered before concluding that the marriage is valid: (1)Was the marriage consummated? That is, did the couple live together as husband and wife? If they did, it would be very difficult to claim that the marriage is invalid. If they did not consummate the marriage, then the chances of the marriage being invalid are much better. (2)Did the wife freely consent to the marriage at the time it was entered into? If she was under duress or her consent was not voluntary, then this would be grounds for claiming that the marriage is not valid. However, if she subsequently lived with her husband and the marriage was consummated, this would probably be deemed as ratification, and the marriage would be valid.



I hope this is of some help to you.





Question

I am a 25 year old married mother of 3. My husband and I recently decided to keep our children away from my mother and her husband due to certain lifestyle choices they made and had exposed our children to that could be potentially dangerous to the children. She's since started to harass us by phone and showing up at my door multiple times. She's shown up at my son's school. She's gone so far as to call child protective services (unfounded/case closed because the charges were completely bogus). She is now saying she's going to take me to court, I'm not quite sure for what but I would assume grandparents rights or some sort of visitation. What are the chances that she'll get something? Is this something that I'm going to need a lawyer for or can I handle it myself?



Answer

It is very hard for grandparents to get forced visitation when both parents are alive and fit. However, don't wait for her to act. Moreover, if you ask her to stop contacting you and she refuses, file a protective order in court noting her unwanted contact.



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Question

bought a boat off cragslist ,the add reads rebuilt engine ,when i got the boat home i seen 2 cracks on both sides of the engine block ,and it was not rebuilt call sell and he new about the cracks in the engine block ,told me they do not leak ,ok i sign a bill of sale that said SOLD AS IS what do u think will happen if i take him to court ?do i have a good case



Answer

As a Franchise Attorney I don't want to sound condescending, but what part of the words "SOLD AS IS" are unclear? That's what the seller will argue and he will probably win. Consult with a good business or franchise attorney in your area for specific advice.



Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.


Franchise Foundations, a Professional Corporation





Question

may be a dumb question but needs to be answered.


When your license gets suspended do the cops take it from you or destroy it? or do you get to still hold on to them?



Answer

Re: may be a dumb question but needs to be answered.


The police do not take licenses, normally. Courts take licenses from defendant's sentence to a license revocation and the motor vehicles commission take licenses by suspending them for various violations


such as excessive points for driving violations.



Gary Moore, Esquire


Hackensack, New Jersey


www.garymooreattorneyatlaw.com



Answer

Re: may be a dumb question but needs to be answered.


In New Jersey, the cops do not take your license when you are arrested. You do lose your license only if you are convicted, and you are required to give it to the Court at the time of sentence.



Answer

Re: may be a dumb question but needs to be answered.


If you are facing any amount of suspension, you should get an attorney. Even if its for a day, there is a good chance your insurance will drop you and then if you do find another company to take you, it will cost many times more what you were paying.



Should you have any other questions, you can call me at 732/247/3340. My initial consultations are always free.





Question

I have been going thru a short sale since the begginning of the year. We got a buyer and submitted the offer. Back in Augost we got an ok to proceed. Since then the buyer has been lingering the process over two months, there explanation is that they have to complete their shortsale to complete their purchase. Meanwhile, we turned off water, gas and stopped hoa payment thinking it would close soon. My realtor did not inforce the signing of a document that if they break the contract we keep their deposit. I'm loosing money now due to their negligence. Could I go after them for their deposit? or more



Answer

You've got big problems. If you are in a short sale, you are probably in default on your existing loan. Normally, during a short sale, the seller, a willing buyer and your lender agree to terms, which include reconveyance of the deed of trust, for the balance of the purchase price provided by the buyer. The deal is usually negotiated for the lender to waive any deficiency remaining, because the property has been sold "short."



The buyer usually qualifies for his own financing. If he is going through his own short sale, there will not be anything, if at all, left from his short sale, because his buyer's purchase money is going to his existing lender. This means he is also in default, and his credit is bad. It is hard to see how any institutional lender would be willing to give him a loan with an existing default on his credit record.



If your short sale was made contingent upon your prospective buyer obtaining financing, then he has not breached when he fails to get financing, but rather there has been a failure of a contingency. You are going to have to consult with an attorney familiar with real estate law and bring all of the relevant paperwork.





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