Section 20.1 Marriage Laws. Section 20.1 Marriage Laws.

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Presentation transcript:

Section 20.1 Marriage Laws

Section 20.1 Marriage Laws Marriage is not only a personal relationship between two people. It is also a contract.

Section 20.1 Marriage Laws Marriage changes a couple’s legal status and gives them certain rights and obligations.

Marriage rights include the right to: Section 20.1 Marriage Laws Marriage rights include the right to: receive support from your spouse file a joint tax return inherit your deceased spouse’s property a fair share of property if the marriage ends compensation if the marriage ends

Obligations of marriage include the duty to: Section 20.1 Marriage Laws Obligations of marriage include the duty to: be faithful to your spouse not cause harm to your spouse provide support to children from the marriage

The most common types of marriage are: Section 20.1 Marriage Laws Each state has its own laws regarding the types of marriage it will recognize. The most common types of marriage are: ceremonial marriage common-law marriage

Section 20.1 Marriage Laws A ceremonial marriage is a formal marriage performed in the presence of a person authorized by law to conduct marriages.

Section 20.1 Marriage Laws A common-law marriage is a marriage created by agreement of the parties without a formal ceremony. Common-law marriages are recognized only by 11 states and the District of Columbia.

Some marriages are prohibited by law, including: Section 20.1 Marriage Laws Some marriages are prohibited by law, including: bigamy polygamy consanguinity

Bigamy is having two spouses at the same time. Section 20.1 Marriage Laws Bigamy is having two spouses at the same time. Polygamy is having more than two spouses at the same time. Consanguinity is having a spouse related by blood.

Section 20.1 Marriage Laws There are several requirements necessary for a marriage to be legal, including: age requirement marriage license waiting period blood test/physical examination

Minors can marry only with the consent of a parent or guardian. Section 20.1 Marriage Laws In almost every state, one must be at least 18 years of age to legally marry. Minors can marry only with the consent of a parent or guardian.

A common-law marriage does not require a marriage license. Section 20.1 Marriage Laws A marriage license is a certificate from a government office granting legal permission to marry. A common-law marriage does not require a marriage license.

Section 20.2 Divorce and Its Legal Consequences

Section 20.2 Divorce and Its Legal Consequences A divorce is a legal declaration by a court that a marriage has ended. The process for obtaining a divorce varies from state to state.

Section 20.2 Divorce and Its Legal Consequences adultery cruelty Grounds for divorce include: desertion nonsupport

Section 20.2 Divorce and Its Legal Consequences Adultery is when a spouse has sexual relations with someone outside the marriage.

Section 20.2 Divorce and Its Legal Consequences Cruelty is physical or mental abuse of one’s spouse that endangers the spouse’s life. To prove cruelty usually requires more than one act.

Section 20.2 Divorce and Its Legal Consequences Desertion is when a spouse leaves with no intent to return. Nonsupport is when a spouse had the means to provide financial support but willfully failed to do so.

Section 20.2 Divorce and Its Legal Consequences Most states have a no-fault divorce law. A no-fault divorce is a divorce granted by agreement of the parties without one party proving the other party guilty of misconduct.

Section 20.2 Divorce and Its Legal Consequences alimony There are three main issues in legally settling a divorce: division of marital property child support and custody

Section 20.2 Divorce and Its Legal Consequences Alimony is financial support paid by one spouse to the other based on his or her income and resources.

Section 20.2 Divorce and Its Legal Consequences State law and judges decide how marital property will be divided. States are either: community property states or non-community property states

Section 20.2 Divorce and Its Legal Consequences In community property states, each spouse is entitled to one-half of the property acquired during the marriage. In non-community property states, property is divided according to how much each spouse contributed to the marriage.

Section 20.2 Divorce and Its Legal Consequences Upon divorce, each parent has a right to custody of children born during the marriage.

Section 20.2 Divorce and Its Legal Consequences Legal custody is a parent’s right to make major decisions about a child’s health, education, and welfare. Physical custody deals with which parent a child will live.

Section 20.2 Divorce and Its Legal Consequences Sole custody is when one parent is granted full custody rights. Joint custody is when both parents share custody rights of a child.

Section 20.2 Divorce and Its Legal Consequences Both parents have a duty to provide child support, regardless of which parent has custody. Child support is based on each parent’s financial capacity and needs, and the needs of the child.