Family Law

Crime and Law – Nilsen

• Steps you have to take to get married:

• Some states require a blood test (not Missouri).

• All states require a marriage license.

• Most states require a waiting period between getting the

license and having the wedding.

• A marriage ceremony is required by all states.

• Reasons to annul a marriage:

• One or both spouses are too young (18 in Missouri).

• The spouses are too closely related.

• One or both spouses was already married.

• One or both spouses did not freely give their consent.

• The marriage was based on some sort of fraud.

• Non-traditional relationships:

• A common law marriage is created when people act as if

they are married, but do not go through the proper procedures.

• Unmarried couples can enter into contractual arrangements while cohabiting, which may

be enforced.

• Same-sex couples have limited rights to marry in some states.

• What is needed to get a divorce?

• Most states require a separation period – not

Missouri, necessarily.

• If both spouses agree that the marriage is

“irretrievably broken,” then a divorce is granted.

• If both parties do not agree, then one of them needs to show fault.

• Fault is shown by:• Adultery

• Unreasonable Behavior• Abandonment for 6 months

• Voluntary separation for 12 months• Separation for 24 months

• How are things divided in a divorce?

• Property you have before the marriage is separate property.

• Everything else is marital property – owned equally.

• In a divorce, separate property is kept by its owner, and everything

else is divided equitably.

• In community property states, separate property is kept by its owner, and everything else is

split in half.

• One spouse may be required to make alimony payments.

• Custody of children is decided based on the best interests of the

child.

• This may include joint custody arrangements or sole custody

arrangements.

• One spouse may be required to make child support payments.