What is the purpose of marriage? ● Do we still need to have marriage in our society? ● Benefits? ● Drawbacks? ● Who regulates marriages? ● State government (not federal government) ● Marriage laws differ by state

State requirements for marriage ● Marriage= marriage license + wedding ceremony (can be religious or civil) ● 1. Age requirements ● Cannot be under 16 in IL ● If 16 or 17 in IL need consent from parent ● 2. Incest not allowed ● Incest= sexual relations with a close relative ● “close relatives” include 1 st cousins and half siblings

State requirements for marriage ● 3. Bigamy/ Polygamy not allowed ● Polygamy= marrying more than one person ● Bigamy is when second wife doesn’t know about the first wife ● 4. Between a man and a woman OR same-sex (legal in 17 states including IL) ● 5. Consent: both people must agree to be married

Legal Aspects of Marriage ● If marriage recognized in one state, it is legal in other states (except issue with gay marriage recently) ● Annulment: court order that marriage never existed because the proper requirements or steps were never met ● Ex. Couple too young ● Ex. One spouse already married ● Ex. Lack of consent (intoxicated) ● Ex. Fraud- spouse lied about wanting to have children

Common Law Marriage ●No marriage license ●No wedding ceremony ●People agree to present themselves to the public as husband and wife ●Only allowed in 14 states (not IL)

Separation and Divorce ● Separation: still legally married, but living in different places- only has to be signed by both parties (no court involvement needed) ● Divorce: court legally ends a valid marriage ● Most states allow “no fault divorce”- don’t have to prove that a spouse did something wrong. Can get a divorce because of “irreconcilable differences” ● Mediation process decides financial and legal issues ● Alimony: court ordered allowance that husband pays wife to support her- now can apply to women too ● Custody of children determined by what court thinks is the “best interest of the child” ● “Tender Years Doctrine”- idea that young children are better off with mothers because they are more nurturing

Property and Money in Marriage ● Property remains individual unless you decide to put property in both names (joint property) ● Prenuptial Agreement (Prenup): Written document before marriage setting forth rights and responsibilities of spouses, such as whether alimony will be paid in case of divorce

Property and Money in Marriage ● Support: Spouses now have an equal responsibility to support each other financially ● Inheritance: Usually 1/3 to ½ of spouse’s estate (money and belongings) goes to other spouse if they die ● A will can specify otherwise ● Usually a spouse will receive some portion even if not mentioned in the will ● Privileged Communications: Spouse can’t be forced to give information received as part of their relationship (Ex. Information that would incriminate)

Should the government regulate who can get married?