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