Marriage Laws Chapter 20

Marriage The basis of the family unit and vital to the preservation of traditional values and culture.

The Marriage Contract Offer and Acceptance = Engagement Consideration = Give up one’s right to remain single Tender = wedding Return the ring? (varies by state) Man gets ring back- a contingent gift depending on the wedding Woman can keep ring if man ends engagement

Prenuptial Agreement Lists assets of each The rights over property The division of property In writing and signed, effective upon marriage

Married Rights Support by spouse Inheritance from deceased spouse Property if marriage ends Compensation to continue standard of living File joint income tax

Married Duties To be faithful To provide support (emotional or financial) Refrain from causing bodily harm Imprisonment Loss of custody Support children

Types of Marriage Common-Law: Do not need a formal ceremony to be married Some states (39) do not recognize common-law No “common-law divorce”

Types of Marriage cont… Ceremonial: Parties must declare that they are married in the presence of an authorized person

Types of Marriage cont… Proxy: One or both of the parties cannot be present for the wedding ceremony. An agent acts on behalf of the absent party

Types of Marriage cont… Covenant: Purpose is to reduce divorce and protect children. (based on religious values) Requires counseling before and during marriage Can divorce only after a period of separation

Types of Marriage cont… Internationally Performed Marriage: As long as the marriage is legal in the country in which it was entered, it is legal in the US Most US marriages are legal in other countries

Prohibited Marriages Bigamy: Having 2 spouses Polygamy: Having more than 2 spouses The “extra” marriage(s) are void

Prohibited Marriages Marriage between Relatives: Consanguinity- related by blood; illegal Ex: marriage between first cousins Affinity- related by marriage Legal in most states

Requirements Age- 18 yrs; minors require parental permission Marriage License- includes a time limit Waiting period- exposes fraud, force, or jest Blood text/Exam Use of Names- maiden name, married name, both

How Marriages End 1. Death 2. Annulment 3. Divorce

Annulment Marriage was never valid Duress- forced to marry against will Fraud- married under false pretenses (age, concealment, omission)

Legal Separation Ends the right to cohabitate (live together) Temporary child custody and support Remain married until divorce

Divorce Dissolution of marriage Can contest a divorce

Grounds for Divorce Adultery Crime in some states Difficult to prove Can show evidence that the opportunity/inclination was there

Grounds for Divorce cont. Cruelty Must show personal violence that endangered life or health

Grounds for Divorce cont. Desertion- unjustified separation with the intent not to return Alcohol/drug addition- confirmed, persistent, voluntary, & excessive Nonsupport- One spouse willfully failed to financially support the other Imprisonment No-Fault Divorce- agree to no chance for reconciliation

Divorce Settlement Alimony Determining alimony: Age Income Financial resources Number of children Future earning capacity Property

Divorce Settlement cont… Child Custody and Support Legal Custody- rights to make major decisions about the child’s health, education, and welfare Physical Custody- who the child lives with Sole vs. Joint Custody

Child Custody and Support cont… Child Support Both parents share responsibility based on income Both parents must contribute more than $0 Must cover child’s basic needs and child must share parent’s standard of living Each child has a right to equal share in income Each child is entitled to support, even if parents were never married

Child Custody and Support cont… Enforcing Child Support Legal order from judge Crosses state lines Paychecks can be withheld Tax refunds can be withheld (garnished) Passports can be denied

Divorce Settlement cont… Marital Property Non-community property states- assets and earnings gained during marriage are divided proportionately (higher earner gets more) Community property states- each spouse is entitled to half the property acquired during the marriage