18-1. Marriage- is a legal union of a man and women as husband and wife.No law states a minimum age for dating but there are state laws that set a minimum age for marriage without parental permission.Normally Minimum age is 18Close relatives may not marryParents may use
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1. Marriage and Divorce Chapter 18
Criminal laws against consensual premarital sexual intercourse have been eliminated over the past decades
IF pregnancy occurs the male will be required to pay the females medical bills and to help with child support until the child reaches adulthood
Cohabitate- A man and women who live together outside of marriage are this
Cohabitate was considered to be illegal in most states until the late 1970’s. This still exists in some states but is rarely enforced.
4. Quick Fact In Muslim countries like Saudi Arabia and Kuwait arranged marriages are very common
Polygamy, the taking of multiple wives is legal in Muslim countries. The husband may take up to four wives.
5. Annulled- the contract when both parties mutually agree to end their engagement
In heterosexual relationships if one party proposes and the other accepts a binding contract is made
If later they agree to end their relationship (annulment) their agreement is void or never existed.
A breach-of- promise suit may be brought by the party that wants out of the relationship.
Such suits are allowed in court today only when the women is pregnant and her ex-fiancé is the father.
Other states have placed a cap on the amounts o damage that can be award
Many states have put a ban on breach-of-promise contracts all together
If a 3rd party interferes with the engagement, a few states allow damage suits against this party. However, parents of the spouses are exempt from this.
6. If the gift such as a ring is given in expectation of marriage, the court generally orders it to be returned in the event of a breakup.
Although some states allow the woman to keep the ring if the man breaks off the engagement.
Any other gifts in expectation of marriage can be kept by the recipient.
7. State Marriage Requirements Each state has its own requirements for marriage
The first step in the process is to appear before the city or town clerk…common in most states
The couple must apply and pay a fee for a marriage license
If over 18 years old, do not need parental consent
With parental consent, most states allow minors as young as 16 to marry
Some states require blood tests before a license is issued
A waiting period of 3 days for application to issuance is common
Once license is issued, any authorized religious or civil officials can perform ceremonies
8. The uniform marriage and divorce act has made an attempt to standardize state laws for marriage and divorce
These states are Kentucky, Missouri, Illinois, Minnesota, Colorado, Montana, Arizona, and Washington
9. Common-Law Marriage Common-Law Marriage occurred when a single woman and a single man, shared common property, and held themselves out as husband of wife over a prolonged period of time, usually 10 years or longer.
¼ of all states allow common-law marriage
10. Marital Consortium: The purposes and mutual duties of the wife and husband
Loss of consortium: When one spouse is unable to fulfill these marital duties because of an injury, the other can sue the party who caused the harm for damages
Parents must support their children until they reach adulthood
Exception: If a minor takes legal measure to be emancipated
Both parents in a married couple have the right to custody duties of their children
Adoption: A legal process which creates a parent-child relationship. Adoptive parents have the same rights and duties to the adopted child as they would to a child born to their union. This is governed by state law
11. Property Rights and Duties Property acquired during the marriage may be kept in the name of the husband, the wife, or both
Prenuptial Agreement: keeps a spouse from getting property rights
“We want Prenup”
This contract is especially useful when one or both parties are entering into their second marriage, and want to reserve the property from a previous marriage for the children of that bond
In a marriage where there is a stay at home parent, the wage earning spouse is legally responsible for the debts incurred by the stay at home spouse in purchasing food, clothing, medical care, furniture, and other necessary items to run the household
12. Homework Chapter 18-1: questions 1-9 p.284
13. Ending Marriages Legally Annulment- A court order that cancels ( voids) a marriage because of a problem that existed from the beginning of the marriage.
Voidable Marriage- This is when fraud is used by either spouse during the marriage such as lying about wealth, condition of pregnancy, freedom from disease, willingness to have a child, past marriage, or age. These marriages can be terminated within a reasonable amount of time by an annulment proceeding.
Void Marriage- When a marriage is considered invalid from the beginning typically because the laws are violated by the matrimonial union such as, if one partner is already married when the second marriage occurs.
Bigamist- This is a person who knowingly marries a second spouse while still married to the first…which is a crime
14. Marriage Ended By Divorce Divorce- This is the method used to end a marriage which is also known as Dissolution; Both are court actions that terminate the marriage and divide the property and remaining responsibilities between the parties.
Fact: Did you know that divorce rates increased greatly during the twentieth century.
No Fault Divorce – In this proceeding the requesting spouse does not have to list a grievance such as adultery, desertion or cruelty against the other the court instead recognizes the right of either the wife or the husband to terminate a marriage unioaterally or of both spouses to end the marriage by mutual agreement.
Irreconcilable differences are usually stated as the legal reason for disillusion
15. Divorce … Separation- is usually the first step towards a divorce in which the spouses maintain separate living quarters but their marital rights and obligations remain in tact.
If either party would like to alter their rights themselves or their lawyers must negotiate a legal separation agreement covering such items as child custody, child support, alimony, and property division.
Child Custody- concern with the division of the physical and other care and control responsibility for a child. The welfare of the child is the most important consideration in determining who will have custody of the child. The Marriage and Divorce Act states the factors a court must consider when awarding custody (Page 287 in book)
Joint Custody- This is awarded to divorced couples; in these situations the responsibility of raising the children is shared. Both parents pay child support.
16. Divorce… Child Support- is the monetary payment by a parent to provide a dependant child with appropriate economic maintenance.
Alimony- is the support paid by the wage earner of the family to the other spouse. Normally paid in regular intervals. Factors considered by the court are the paying of the spouses income, financial resources, earnings outlook, and current debts
17. Homework (18-2) Questions Page288 1-10