STREET LAW

UNIT 5: Family Law

Chapter 31

Marriage

Marriage is a relationship that involves personal, social, economic, legal, & often religious issues

More than 90% of all Americans will be married at some time during their lives

Marriage is also a contract between two persons who agree to live together as husband & wife

We will be looking at the legal aspects of marriage – not the moral issues

In order to get married, a couple must meet certain legal requirementsFor example, most states have age requirements for

couples wishing to marryUsually a woman must be 16 years old & a man 18 years

oldIn addition, every state forbids marriage between close

relativesMay require a blood test for STD’sThere may be a waiting period which helps insure that

people are serious about getting marriedA wedding ceremony can be either religious or civil

Married couples face financial responsibilities as well as the issue of property ownership & other decisions such as where to live & whether to have children

Sometimes marriages are threatened by domestic abuse

Such abuse occurs across the entire spectrum of relationships & often involves law enforcement & court intervention

Getting Married  

State law controls the marriage process Couples must fulfill certain requirements

before obtaining a legal marriage certificateCouples are required to obtain a marriage license

so that the state has proof of their ages & blood test results (if needed)

Marriage laws & requirements exist to ensure that couples are serious about their relationship, in an attempt to strengthen families & reduce the number of divorces

Background—Marriage & the Law

Most state courts uphold marriages even if the couple fails to follow a technicality (i.e., they did not get blood tests)

Nevertheless, couples should strictly comply with all local requirements

With regard to age requirements, if a couple gets married under the legal age or w/o parental permission, the marriage usually becomes valid only when the couple reaches the required age or later obtains the required permission

In most states, the minimum age requirement can be waived by petitioning the court, particularly in the case of special circumstances such as pregnancy

During the past 30 years, the average age at which people marry has risen in the U.S.

At the same time, a larger number of American children are being born into families in which their parents are not married

Simulating Parenthood Teens tend to romanticize parenthood Perhaps the most significant decisions any couple

should make before getting married have to do with childrenWhether or not both individuals want to have childrenHow soon they hope to have childrenHow many children they hope to haveHow they will care for & support the children

(i.e., whether both spouses will work outside the home or one will remain at home to care for the children), &

How they may approach the issue if they face infertility

Legal Aspects of Marriage  

Although marriage requirements may vary from state to state, a marriage that is legal in one state is usually recognized in every other state

When a couple seeks to legally end their marriage, a divorce takes place

An annulment, on the other hand, is a court order that declares that a marriage never legally existed (if a couple goes through a wedding ceremony w/o meeting the requirements for a legal marriage)

Why do you think states set minimum age requirements for marriage?

How old do you think someone should be before getting married?

Do you think that allowing women to marry at an earlier age than men is fair?Why or why not?

Common grounds for annulment include:Age – 1 or both spouses were too young to get

marriedBigamy – 1 spouse was already marriedFraud – 1 spouse lied to the other about an

important matter, such as the desire to have childrenLack of consent – 1 spouse was forced to marry

against his or her will, was too drunk or incapacitated to understand that a wedding was taking place, or was insane

Reynolds v. U.S. In 1878, George Reynolds, a Mormon living in Utah,

was arrested & charged w/bigamy At the time, many Mormons regarded plural marriages

as a religious obligation Some 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 U.S. Supreme Court

The Supreme Court upheld the anti-bigamy law

It ruled that a religious belief cannot justify an illegal act, Reynolds could believe anything he wanted, but he could not put into practice a belief that society condemned

Today, the Mormon Church condemns polygamy & excommunicates members who practice it

Common-Law Marriage   A common-law marriage is a union between two people

who decide to forego the standard state marriage requirements

A couple that engages in a common-law marriage considers themselves husband & wife & lives together as a married couple

Some states require that a couple live together for a certain number of years before a legal marriage is recognized

If a couple in a common-law marriage decides to part, they must obtain a legal divorce before they may remarry

The following recognize common-law marriages:The District of ColumbiaAlabamaColoradoGeorgia Idaho IowaKansas

MontanaOhioOklahomaPennsylvaniaRhode IslandSouth CarolinaTexas

Financial Responsibilities  

In the past, the husband was regarded as the head of the household & the overseer of finances

Today, in many states, both spouses are regarded as equal due to economic & social changes in our society

This means that both partners are financially responsible for the necessities of life & other purchases either spouse makes

Many states hold both spouses financially responsible for necessary family items or services either of them purchase

Some states retain the traditional rule that the husband has a legal duty to provide his wife with food, clothing, shelter, medical care, & other necessities

If the husband fails to provide such essentials, the wife can purchase the necessary items & make her husband pay for them

At the same time in these states, the wife has no legal duty to pay her husband’s bills

In addition to the basic necessities, some courts require the husband to maintain the family in accordance with his economic position

In general, however, a woman cannot obligate her husband to pay for luxury items bought without his knowledge

Property Ownership   At one time, the law considered a husband & wife

as 1 person This meant the wife had no property rights Any $ or property a woman owned before marriage

or acquired during marriage became the property of her husband

In 1887, states began to pass married women’s property rights acts that changed the law

These acts gave married women the right to own & control their own property

When two people get married their property is divided into categories known as separate property & marital propertySeparate property is all property individually owned by

each spouse before the marriageMarital property is anything that the couple acquires

during their marriage that they both own Couples have the choice to combine all of their

property State laws & separation agreements determine who

gets marital property if a marriage ends

Community Property

9 states have community property systemsArizona, California, Idaho, Louisiana, Nevada, New

Mexico, Texas, Washington, & WisconsinThese systems, generally derived from French &

Spanish law, usually provide that all property acquired during the marriage belongs equally to the husband & wife, no matter who earns or purchases it

Decisions in a Marriage  Getting married involves many important

decisions Some couples decide to write a prenuptial

agreement before they marry that outlines each spouse's responsibilities in the marriage

The law very rarely interferes in everyday family life

Spouse Abuse  

Unfortunately, domestic abuse can happen to anyone in any relationship

Generally, spouse abuse is a recurring incident that can result in a cycle of serious psychological & physical damage, or even death

Counseling, support groups, legal action, & other services are available for victims of spouse abuse

Legal Issues for Single People in Nontraditional Relationships  

Even couples that are not married but living together are bound by certain legal responsibilities & constraints

Same-sex couples face great difficulties in obtaining the right to marry

State laws regarding civil unions vary from state to state