Legal Considerations in Marriage and Divorce

Basic Statistics  In America, the divorce rate peaked at 50% in the 1980s.  While the national divorce has declined, a first marriage is still between 40-50% likely to end in divorce.  The older the bride is, the longer the marriage will last

Interesting Facts In America, the divorce rate for a first marriage is around 41%. The divorce rate for a second marriage is 60%. The divorce rate for a third marriage is 73% According to U.S. statistics, if one partner smokes, a marriage is 75% more likely to end in divorce. Marriages are more likely to last longer when people marry at an older age, have a higher education, and earn more money The top five reasons for divorce in the U.S. include 1) communication problems; 2) infidelity or betrayal; 3) financial problems; 4) psychological, emotional, and physical abuse; and 5) loss of interest.

The number of unmarried couple households (live-ins) is increasing

Where are the children living due to divorce? Children living with only one parent has increased from 9% in 1960 to 29% in Of those 83% of the children live with the mother.

Goals  Discuss how the law affects premarital and marital relationships  Name the rights and duties of husbands and wives  Explain the uses of prenuptial agreements  Explain basic divorce procedures

Premarital Relationships

 No law restricts the choice of marital partners (one exception)  Close relatives may not marry  Minor child can be told by parents not to date or not to see a specific person  Can only be enforced with “reasonable force”  Parental use of excessive force may result in charges of child abuse

Premarital Relationships  If pregnancy results and the responsible male can be identified, he will be required to pay the female’s medical bills and to contribute to the child’s support until the child is 18  True even if the father is a minor  No law exists to force the parents of an illegitimate child to marry

US Marriage Laws

What’s Your Verdict?  Zed lived with Tamra for about twenty years and had three children together. Although they never applied for a marriage license, they told everyone that they were married. Recently, they split up, and now Tamra is about to marry another man. However, Zed claims that she cannot enter another marriage because she is his common-law wife.  Is he correct? A

The Marital Contract  If one party in a heterosexual relationship proposes marriage and the other accepts, a binding contract results.

How much should the man spend on the ring?  There used to be a theory that a man should spend three month's salary on an engagement ring for his fiance. So if you were to make $2,000 each month, then $6000 is what you should spend on an engagement ring. Nowadays, that theory is not necessarily adhered to any longer.

The Marital Contract  Gifts create legal problems  Ring (given in expectation of marriage) is usually ordered to be returned  The woman may get to keep in the man called off the engagement  Gifts other than those given in expectation of marriage can be kept by the recipient  What if a third party interferes with the engagement? (ALIENATION OF AFFECTION)  Few states allow damage suits against intruders

Getting Married in Illinois How to get Married in Kendall County? 1. Apply and receive a marriage license from the state – county clerk. 2. Both Bride and Groom Must Appear 3. You'll typically need to apply for your marriage license at least one month before your wedding ceremony forms of ID – (Birth certificates, Driver’s License, etc.) 5. Pay $30 6. License is valid for sixty (60) days only in the county in which it was issued. 7. Must be 18 years old or older to marry without parental consent. Under 16 you can not be married. 8. And, believe it or not, just because you have your marriage license sent to you in the mail does not mean you are officially married 9. Can cousins get married in Illinois? Kendall County Marriage License Office County Clerk 111 West Fox Road Yorkville, IL

Can you be married without folllowing the normal procedures? Common-Law Marriage: Occur when a single woman and a single man lived together, share common property, and hold themselves out as husband and wife over a prolonged period of time (usually 10 years or longer)  Roots are in the American Frontier  Absence of suitable authorities, many pioneers could not follow the legal methods for marriage  About ¼ of our states allow common law marriages (MT, ID, UT, CO, KS, OK, TX, IA, PA, RI, DC, SC, GA, AL)  All states must recognize common law if such a union is legal in the state in which it occurred. It is otherwise NOT recognized in Illinois.

Duties and Rights of Wives and Husbands  The laws sees marriage as a contract for life and for the benefit of each other  The practical and legally recognized purposes for marriage:  Procreation  Raising children  Sexual needs  Economic needs  Companionship needs

Duties and Rights of Wives and Husbands  Marital Consortium  Mutual obligations of wife and husband undertaken to fulfill the purposes of their union  If either spouse suffers an injury that prevents fulfillment of these marital duties, the other can sue the party who caused the harm for damages for “loss of consortium”  The most important duty of both spouses is to provide for the support, nurture, welfare, and education of their children

Duties and Rights of Wives and Husbands  Parental Rights and Duties  Obligated by state law to support their children until they reach adulthood  Exception – if a minor child takes legal measures to become “emancipated”  Both parents in a married couple have custody rights to their children  Equal voice in decisions  Adoption (Examples)  Legal process that creates a parent-child relationship  Same rights as they would to a child born of their union  Governed by state law and must be approved by the courts

What’s Your Verdict?  Your friend Bill’s mother died three years ago. Now his father plans to remarry. Bill is concerned that his father’s fiancée will have a claim against the family home and other property.  Is there anything Bill can do to prevent such a claim? 2

Duties and Rights of Wives and Husbands  Property Rights and Duties  Property acquired during the marriage may be kept in the name of the husband, wife, or both. It does not determine who gets the property upon a divorce.  Prenuptial Agreement  Legal contract resolving property and other claims that might result from marriage  At times, spouses bring property into the marriage and want to keep it in their own names  The partner-to-be gives up any future claim  Useful when entering into a second or subsequent marriage  Must make full disclosure

Six Steps to a Divorce  Step One: The Petition  Step Two: Service of Process  Step Three: The Response  Step Four: Financial Investigation, Negotiation and Settlement  Step Five: Pretrial Conference  Step Six: Trial

GROUNDS - Fault or No Fault NO FAULT If the spouses have lived separate and apart for a continuous period  2 years and irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.  If 6 months the requirement of living separate and apart for a continuous period in excess of 2 years may be waived upon written stipulation of BOTH spouses. FAULT  adultery  bigamy  physical cruelty  mental cruelty  desertion  drug addiction  conviction of a felony  impotency.

Child Support For most practical purposes, Illinois courts base a non-custodial parent's child support obligation on that parent's "net income.“ Once a parent's net income is determined, the judge is supposed to apply certain guidelines defined in the law to determine the amount of child support. The guidelines are: Number of Children Percentage of Supporting Party's Net Income 120% 228% 332% 440% 545% 6 or more50%

Penalties for Failure to Pay Illinois Child Support: What can happen to you if you don't pay child support? 1.If you fail to comply with an order to pay child support, you can be held in contempt of court (civil penalty). 2.You can be prosecuted criminally and be put in jail for a criminal offense. In short, a person commits the offense of failure to support when they willfully fail to pay support but have the ability to do so, or if a person leaves the State with the intent to evade a support obligation passport. 3.You will pay more because of interest and fines. 4.You can have your driver’s license suspended. 5.Finally, if you owe over $2,500 of arrears in child support, you cannot get a U.S. passport

Step Four: Financial Investigation, Negotiation and Settlement  AFTER the value of the marital estate is determined, negotiations for settlement commence.  When Agreement is completed and signed by both parties, it is presented to the Court along with a proposed Judgment for Dissolution of Marriage.  Brief testimony is taken in court before the Judge, who reviews the proposed settlement and judgment to ensure they are equitable, and a final divorce decree is entered. In such cases, the parties appear before a Judge only once.