MarriaMarriage Lawge LawFor Better or Worse . . .

Learning Learning GoalGoal

To understand how marriage is

not only a relationship, but a contract with specific duties

and rights!

The Foundation The Foundation of Marriageof Marriage

Why is Marriage Important????Why is Marriage Important????• The Basis of the family unit.• Vital to the preservation of values

and culture.

Who dictates the Marriage Rules????Who dictates the Marriage Rules????• States set their own rules• States have to honor other states’

rules!

The Marriage The Marriage ContractContract

Begins at the time of Begins at the time of EngagementEngagement

• A promise to give-up the legal right to remain single.

• While engaged, contract is in the “executory stage”

• The contract is executed when the wedding occurs.

If one party fails to go through with the If one party fails to go through with the contract, the other party could sue!!!contract, the other party could sue!!!

Marriage Rights Marriage Rights & Duties& Duties

1.1. The right to support by your spouse.The right to support by your spouse.

2.2. The right to inheritance from a The right to inheritance from a deceased spouse.deceased spouse.

3.3. The right to property if the marriage The right to property if the marriage ends.ends.

4.4. The right to compensation to continue The right to compensation to continue your standard of living if the marriage your standard of living if the marriage ends.ends.

5.5. The right to file a joint tax return.The right to file a joint tax return.

““The Prenup”The Prenup”Prenuptial AgreementsPrenuptial Agreements - Must be in - Must be in

writing, AND signed!!!writing, AND signed!!!• Property Ownership• Rights to buy and sell personal property• Disposition of property if marriage ends• Changes in support if marriage ends• Ownership and benefits of life insurance

policies• Children from previous marriages

Prohibited Prohibited MarriagesMarriages

Marriage Between RelativesMarriage Between Relatives

• Direct Relationships

• Relationships by Marriage

• 1st Cousins????

Children born to blood relatives are Children born to blood relatives are more likely to have birth defects.more likely to have birth defects.

Prohibited Prohibited MarriagesMarriages

Bigamy and PolygamyBigamy and Polygamy

• Bigamy – having 2 spouses at the same time.

• Polygamy – having more than two spouses at the same time.

Both of these are crimes in ALL Both of these are crimes in ALL states!!states!!

The first marriage is valid, all others are The first marriage is valid, all others are void, unless the first marriage ends.void, unless the first marriage ends.

MarriaMarriage Lawge LawFor Better or Worse . . .

Learning Learning GoalGoal

To recognize the legal grounds for divorce, and their requirements to

be legal.

How Does a How Does a Marriage End?Marriage End?

1.1. DeathDeath

2.2. Annulment Annulment – Declaration by a court – Declaration by a court that a marriage was never effective, that a marriage was never effective, or void from the beginning.or void from the beginning.

DuressDuress

FraudFraud

3.3. DivorceDivorce

Legal Separation Legal Separation and Divorceand Divorce

1.1. Legal SeparationLegal Separation

• A Court Judgment ending the right to A Court Judgment ending the right to cohabitation.cohabitation.

• Court decides temporary child custody Court decides temporary child custody and support.and support.

• Couple remains married until a Divorce.Couple remains married until a Divorce.

2.2. DivorceDivorce

• ““Dissolution of marriage”Dissolution of marriage”

• Marriage has endedMarriage has ended

Grounds for Grounds for DivorceDivorce

1.1. No-Fault DivorceNo-Fault Divorce

• No single party is to blameNo single party is to blame

• ““irreconcilable differences”irreconcilable differences”

2.2. AdulteryAdultery

• Proven by circumstantial evidenceProven by circumstantial evidence

3.3. CrueltyCruelty

• Personal violence endangering life or Personal violence endangering life or health, making living together unsafe.health, making living together unsafe.

Grounds for Grounds for DivorceDivorce4.4. DesertionDesertion

• The unjustified separation of one spouse, The unjustified separation of one spouse, with the intent to not return.with the intent to not return.

• One spouse must want the other to return.One spouse must want the other to return.

5.5. Alcohol or Drug AddictionAlcohol or Drug Addiction• Habit must be confirmed, persistent, Habit must be confirmed, persistent,

voluntary and excessive.voluntary and excessive.

6.6. NonsupportNonsupport• Spouse has the ability to provide financial Spouse has the ability to provide financial

support, but willfully failed to do so.support, but willfully failed to do so.

Divorce Divorce SettlementSettlement

AlimonyAlimony

•An allowance for support made to a divorced person by a former spouse.

•Usually not granted to the spouse who is at fault.

•Amount is set according to income, property, dependents, current obligations, and life status.

•If one spouse remarries, alimony may change, but is still enforced.

•Death of either party ends the alimony.

Divorce Divorce SettlementSettlement

Marital PropertyMarital Property

• Equitable Distribution Laws are designed to Equitable Distribution Laws are designed to evenly distribute property, regardless of who evenly distribute property, regardless of who holds a title!holds a title!

• Community Vs. Non-Community StatesCommunity Vs. Non-Community States

– Community = divide assets in half

– Non-Community = divide assets “equitably”

• Higher wage earner keeps more property than the lower wage earner.

MarriaMarriage Lawge LawFor Better or Worse . . .

LearninLearning Goalg Goal

To recognize the elements of Child

Custody and Support of Children.

Child CustodyChild Custody When a child is born within a marriage, When a child is born within a marriage,

parents are joint guardians of the child.parents are joint guardians of the child.

The law divides Custody into two The law divides Custody into two parts:parts:

1.1.Legal CustodyLegal Custody – – The parent’s right to make major decisions about the child’s health, education, and welfare.

2.2.Physical CustodyPhysical Custody – – The daily living arrangements of the child.

Child CustodyChild CustodySole CustodySole Custody

• All parental rights, duties and powers go All parental rights, duties and powers go to one parent only.to one parent only.

– Children live with “Custodial Parent”

– Visitation rights can be given to the “Non-Custodial Parent”

Child CustodyChild CustodyJoint CustodyJoint Custody

• All parental rights, duties, and powers All parental rights, duties, and powers are divided between the two parents.are divided between the two parents.

– Children live with both parents, but at different times.

– Parents may compete for joint or sole custody of the children.

Child CustodyChild CustodyHow does the Court decide???How does the Court decide???

• The court attempts to determine what is The court attempts to determine what is in the best interest of the child.in the best interest of the child.

– Some states favor awarding custody to the primary caretaker in the marriage.

– Most states take great consideration of what the child’s wishes are.

Child SupportChild SupportChild Support is a basic obligation of Child Support is a basic obligation of

every parent, regardless of custody.every parent, regardless of custody.

• Federal Laws REQUIRE states to enforce Federal Laws REQUIRE states to enforce child support guidelines, which must:child support guidelines, which must:

– Consider all earnings and income of non-custodial parent

– Have a specific mathematical formula to determine the support obligation.

– Provide for the children through insurance or other means.

Child SupportChild SupportFederal Laws RECOMMEND that Federal Laws RECOMMEND that

states enforce the following states enforce the following guidelines:guidelines:

• Parents share in support, according to their income.

• Obligation should never be zero.

• The child should share in the parent’s standard of living.

• The child is entitled to support, even if the parent’s were not married at their birth.

Enforcing Enforcing Child SupportChild Support

In order to enforce Child Support, there In order to enforce Child Support, there must have been a Legal Order for it.must have been a Legal Order for it.

• Uniform Interstate Family Support Act (UIFSA) requires support orders from one state to apply in all states.

• People with support orders must register, which makes them easier to find.

• If support is not paid, it can be taken from checks or tax refunds.

• If support is not paid, passports will be denied!

LearninLearning Goalg Goal

To recognize the elements of Child

Custody and Support of Children.

MarriaMarriage Lawge LawFor Better or Worse . . .