Post on 04-Jan-2016
Family Law
MARRIAGE
What is Marriage?
How does it happen?
• Up to the states. Most require Blood tests.• All require Marriage License• Waiting Period• Wedding Ceremony. Who can perform?
• What is required to make it an official ceremony?
Marriage is a Contract!
• How?• Creates requirements:• Age?• Relationship?• Two People?• Man and Woman? Not anymore!• Consent?
Recognized Marriages
• If legal in one state, recognized by others• Annulment vs. Divorce
Reynolds v. United States, 1878Polygamy?
Common Law Marriage
• Marriage without blood test, license, ceremony or certificate.
• Only D.C. and 9 other states recognize (AL, CO, IA, KA, MT, OK, RI, SC, TX)
• Still must divorce legally before remarrying
Financial Responsibilities $$$
• Used to be solely males responsibility to support wife and children.
• In return he would be entitled to household services and companionship.
• How has this changed?
• Has it changed everywhere?
Property Ownership
• Old rules; what’s the husband’s stays the husband’s; what’s the wife’s goes to the husband.
• Now a days• Separate Property:• Marital Property:• Community Property:AZ, CA, ID, LA, NV, NM, TX, WA, WI and PR
WHO GET’S WHAT?
• Equitable Distribution:• Each gets separate property• Divides marital property based on what??
• Which is more fair Community or Equitable?
Legalities
• PRENUPTIAL agreement: NOT just about money.
• Name changes• Support• Privileged communications• Inheritance