Chapter 3: Marriage

Sex of the parties, marital status, age, mental capacity, physical capacity, degree of relation between the parties by blood or marriage

6 requirements for legal capacity to marry:

consanguinity

A blood relationship between individuals

Tort

A civil wrong (other than breach of contract) for which a court provides a remedy, usually in the form of money damages; the wrong must involve harm resulting from breach of duty owed to another.

Defense of Marriage Act (DOMA)

A federal law restricting the definition of marriage to the union of one man and one woman for purposes of federal law and allowing the states to deny full faith and credit to same-sex marriages valid in a sister state (1996)

Common Law Marriage

A form of marriage created by the conduct of the parties rather than in a formal ceremony; usually requires capacity and intent to marry, cohabitation, and a holding out to the public as husband and wife, recognized in a limited number of states.

Civil union

A formal legal status that provides a same-sex couple with the rights, benefits, protections, and responsibilities that a married heterosexual couple has under the law.

Marriage

A government regulated and approved legal status that two consenting adults attain by entering a contract with each other which confers rights, benefits and obligations; a civil contract between a man and a woman or between two same-sex partners.

Proxy Marriage

A marriage ceremony in which a designated agent stands in for and acts on behalf of one of the absent parties (prohibited in most states).

Putative Spouse

A person who believes in good faith that his or her invalid marriage is legally valid

Domestic Partnership

A status granted to an unmarried couple who live together and receive a variety of economic and non economic benefits customarily granted to spouses.

Convenant Marriage

A type of marriage that emphasizes the performance of marriage and limits the availability of divorce to faults grounds

Support from spouse, interest in marital property, pension payments, government benefits, insurance, consortium, wrongful death, medical decisions, citizenship, criminal protection "accessory after the fact", and confidential communications

Benefits of marriage:

Consortium

Companionship, affection and in the case of spouses, sexual relations, that one receives from another based upon existence of a legal relationship (Ex. husband-wife, parent-child)

Adultery, sentence of death or imprisonment for felony, physical or sexual abuse, abandonment for 1 year, or separation for 2 years

Covenant Divorces are granted only for:

Intestate

Dying without a valid will

16 and older if parent's consent, pregnancy or emancipation

Exemptions to rule of age:

Void

Invalid and of no legal effect

Marriage evasion statutes

Laws designed to prevent a resident of state A from going to state B to get married if the marriage would have been illegal in state A. State A may elect to not recognize the marriage. Initially these laws were primarily designed to prevent underage couples from crossing state borders to enter into marriages that they couldn't legally enter into in their home states.

Civil Law

One of the two primary legal systems in the western world, originating in the Roman Empire and influential in several parts of the world and a small number of states.

Affinity

Relationship by marriage

Neither must be in a marriage, civil union or domestic partnership; parties must be same-sex; may not be related; must be 18 or older; mentally competent; and neither may be under guardianship unless guardian consents

Requirements for a civil union:

Parties must have legal capacity to marry, marriage must be intended, cohabitation, hold themselves to public as husband and wife.

Requirements for a common law marriage:

18 or older; neither in a marriage, civil union or domestic partnership; exclusive relationship; shared residence; agree to be jointly responsible for each other's basic living expenses; not related; must file certificate of dissolution if relationship ends

Requirements for domestic partnership

Incest

Sexual intercourse between two people who are too closely related for some purpose as defined by civil and criminal statutes; a term used in some states to describe prohibitive degrees of consanguinity and affinity in the marriage context.

Married women's property acts

State statutes that extended to women's vicarious property rights denied them under common law, including ownership and control of property.

Community Property States

States in which a husband and wife hold property acquired during the marriage (exclusive of gifts and inheritances) in common with each spouse entitled to a one-half interest in the property upon divorce.

Application, medical certificate, license, waiting period, ceremony, recording of license

Technical requirements for a ceremonial marriage:

Bigamy

The act of entering a subsequent marriage while a prior marriage of one or both parties is still in effect; in most states constitutes a criminal offense if committed knowingly; a ground for annulment and/or divorce in all states.

Laws of descent and distribution

The laws governing inheritance of property by heirs when a decedent dies without leaving a valid will. Usually, a surviving spouse will inherit the entire estate or will receive half of it wit the other half being distributed to any surfing children equal shares. If the spouse dies testate and will largely disinherits or fails to make provisions for the surviving spouse, some states will allow him or her to "waive the will" and claim a "forced share" of the estate as set by statute.

Emancipation

The point at which a child is considered an adult and granted adult rights; usually occurs at the age of majority or upon the occurrence of certain acts or events such as marriage or entering the armed forces.

Marital Communications Privilege

The privilege that allows a spouse to refuse to testify about confidential communications between spouses during their marriage; does not apply in certain contexts such as cases involving child custody and/or abuse.

Polygamy

The state of having more then one spouse at the same time.

Ceremonial, covenant, common law, and putative

Types of marriage:

Adult adoption, functional family status, domestic partnerships, and civil unions

legally recognized non-marital cohabitation: