1. Marriage Laws
Chapter 20

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

3. 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

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

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

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

7. 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”

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

9. 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

10. 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

11. 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

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

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

14. 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

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

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

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

18. Divorce
Dissolution of marriage
Can contest a divorce

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

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

21. 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

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

23. 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

24. 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

25. 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

26. 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