Date post: | 19-Jan-2018 |
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Marriage
Till death do us part…
Engagement Requirements
• In N.C., the ring is a “condition” of marriage.– If the marriage is called
off, the ring should be returned.
– Once the marriage is completed, the ring is considered a gift and is property of the wife.
What are the N.C. requirements?
• Blood Test?– No
• Waiting Period?– No
• Allow Common Law Marriage?– No
• Same Sex Marriage?– No
• Legal Ceremony & Witness Required?– Yes (Required by most states)
Legal Aspects of a Marriage• Name Change (No legal
requirement)• Privileged Communications
(Neither person can be forced to disclose information shared in a marriage)
• Inheritance (Spouses are required to receive a portion of the estate)– Law suit awards– Insurance
• Consent: No one can be forced to marry someone against his or her will.
Age
• Couples must be 18 year old to marry.
• Couples over 16 must have parental (etc.) consent.
• Pregnant couples over 14 must gain consent from court
Incest?
• Incest: Sexual relations with a close relative
• First cousins can legally marry, but closer relatives are prohibited
Common-Law Marriage
• Marriage without an official license and ceremony.
• Some states allow common-law marriage if a couple has lived together for a certain time.
Same Sex Marriage• 7 States and D.C. allow same-
sex marriage• 13 states recognize same-sex
marriages from other states*• 31 states do not recognize
same-sex marriages from other states
• May 8: N.C. voters decided to pass an amendment banning same sex marriage and civil unions. (Amendments mean court decisions cannot override laws)
• http://online.wsj.com/public/resources/documents/info-SAME_SEX_MAP_0905.html
Civil Unions
• Created to provide same-sex couples the same benefits of marriage
• DE, HI, II, VT, NH, CT, NJ, RI
Single People who live together
• The number of single people living together without getting married has increased.
• New laws have granted more rights.
Cohabitation Agreement
• Written or oral agreement that outlines how couples will deal with money, property and responsibilities.
• Courts are beginning to acknowledge these documents.
Bigamy
• Having more than one husband or wife.
• N.C. Law=Must divorce or the spouse must be deceased to remarry.
• If a spouse is missing for 7 years, the partner
may remarry.• Polygymous Marriage
Religious Belief and Marriage
• In 1878, George Reynolds, a Mormon living in Utah, was arrested and charged with the crime of bigamy. At the time, the Mormon religion regarded plural marriages as a religious obligation. Mormons then believed that refusal to practice polygamy when circumstances permitted would lead to “damnation in the life to come.” Reynolds argued that the anti-bigamy law violated his constitutional right to freedom of religion. After his conviction, he appealed his case to the Supreme Court. How would you rule?
• http://en.wikipedia.org/wiki/Reynolds_v._United_States