Chapter 30: Marriage

The Grounds for Annulment

1) Age: the couple were too young to get married 2) Bigamy: one spouse was already married 3) Fraud: one spouse lied to the other about an important matter 4) Lack of Consent: one spouse was forced to marry against his or her will, wwas too drunk to understand that a wedding took place or was insane

Legal Apsects of Marriage cont'd

Man and Woman: marriage is a relationship between a man and a woman. Marriages betwween two persons of the same sex have traditionally been considered invalid

Getting Married cont'd

Marriage License: all states require a marriage license. When they apply for marriage license, the couple will be asked to provide

Legal Rules of Marriage cont'd

Support: a husband used to have a legal duty to support his wife and children. Spouses now have equal responsibility to support each other. They share equally the duty to pay for necessary family items bought by either of them

Separate Property

a system under which property owned by either spouse before the marriage remains that person's property throughout the marriage, and any property acquired during the marriage belongs to the person who acquired it

Bigamy

the crime of being married to more than one person at a time

Divorce

the ending of a marriage by court order

Necessities

those things that parents have a legal obligation to provide their children and that one spouse has the responsibility to provide the other. These usually include food, clothing, housing, and medical care

Inheritance

if a husband or wife dies the other spouse is automatically entitled to share of the deceased's estate

Joint Property

property owned by two or more people

Legal Aspects of Marriage

Age: a couple must meet certain age requirements. Usually women must be 16 and 18 for men. Some states allow younger couples to get married if their parents' consent. Some states also allow people under the minimum age to marry if the female is pregnant

Polygamy

having more than one spouse at a time

Getting Married

Blood Test: mwost states require a couple to have blood tests for STDs before getting married

Legal Aspects of Marriage cont'd

Consent: both persons must agree to the marriage. No one can be forced to marry someone against his or her will. For example no one can be forced to marry someone at gunpoint

Legal Rules of Marriage

Name Change: women traditionally used their husbands' last name as a matter of social custom. However, is not legally required to do so. Legally, a woman can keep her maiden name, take her husband's name in combination with her own (ex. Smith-Larkin) Children may be given any surname the parents choose

Legal Rules of Marriage cont'd

Privileged Communications: the law considers certain relationships private and confidential. Attorney-client, therapist-patient, and husband-wife relationships are all considered privileged.

Community Property

Property acquired during a marriage that is owned by both husband and wife, regardless of who earned it or paid for it

Legal Aspects of Marriage cont'd

Relationship: every state forbids marriage between close relatives. It is illegal for a person to marry his or her parent, child, grandparent, grandchild, brother, sister, uncle, aunt, niece, or nephew. Many states also prohibit marriages between first cousins. Most of these laws follow blood-lines, so marriage to an adopted brother or sister is permitted

Incest

Sexual relations between people who are closely related to each other

Legal Aspects of Marriage cont'd

Two people: marriage between two persons only. Marrying someone who is already married is illegal. Bigamy is illegal

Getting Married cont'd

Waiting Period: after applying for marriage license, a couple must often wait for a short period before they can pick it up. Waiting periods help ensure that people are serious about marriage. For example the waiting period prevent people from getting married without thinking it over carefully

Getting Married cont'd

Wedding Ceremony: a wedding ceremony is required for a valid marriage. It can be either a religious or a civil ceremony. Weddings may be conducted by members of the clergy or by public officials such as judges or justices of the peace. To be legally married each person must in the presence of an official and a witness, states that he or she agrees to marry. After the ceremony the couple receives a marriage certificate.

Prenuptial Agreement

a contractual agreement between a couple prior to marriage. It often includes provisions for the disposal of property in the event of separation, divorce, or death

Annulment

a court or religious order that declares a marriage never existed

Common-Law Marriage

a marriage created without legal ceremony by a couple living together and publicly presenting themselves as husband and wife.