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Published byMark Lang Modified over 9 years ago
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Family Law MARRIAGE
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What is Marriage?
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How does it happen? Up to the states. Most require Blood tests. All require Marriage License Waiting Period Wedding Ceremony. Who can perform? What is required to make it an official ceremony?
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Marriage is a Contract! How? Creates requirements: Age? Relationship? Two People? Man and Woman? Not anymore! Consent?
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Recognized Marriages If legal in one state, recognized by others Annulment vs. Divorce Reynolds v. United States, 1878 Polygamy?
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Common Law Marriage Marriage without blood test, license, ceremony or certificate. Only D.C. and 9 other states recognize (AL, CO, IA, KA, MT, OK, RI, SC, TX) Still must divorce legally before remarrying
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Financial Responsibilities $$$ Used to be solely males responsibility to support wife and children. In return he would be entitled to household services and companionship. How has this changed? Has it changed everywhere?
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Property Ownership Old rules; what’s the husband’s stays the husband’s; what’s the wife’s goes to the husband. Now a days Separate Property: Marital Property: Community Property: AZ, CA, ID, LA, NV, NM, TX, WA, WI and PR
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WHO GET’S WHAT? Equitable Distribution: Each gets separate property Divides marital property based on what?? Which is more fair Community or Equitable?
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Legalities PRENUPTIAL agreement: NOT just about money. Name changes Support Privileged communications Inheritance
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