FORMAL AND INFORMAL MARRIAGE



Current Events Lesson-More about Marriage More than 90% of all Americans will marry during their lives.FORMAL AND INFORMAL MARRIAGE Statutory Marriage Requirements usually include:Blood TestsMarriage License (§2.001)– All states. Traditional only issued to man and women (Now gays as of Obergefell v. Hodges, 2015). TX license expires if not married by 90 days. (§2.201) Waiting Periods Before Marriage Ceremony. (72 hours in TX. -- (§2.204)Wedding Ceremony – Civil (Justice of Peace) or Religious. (§2.202) Return license to County within 30 days of ceremony. (§2.206)Apart from “formal” requirements for marriage, some states (TX included) allow for common-law marriages. This grew out of “on-the-range” existence where no priests to be found. To be CL marriage, you need (§2.401(a)(2)):Agreement to be H and WCohabitation (no specific time span in TX)Presentment to others as H & W (“This is my old lady…”If one becomes CL married and later separate, they often must obtain a formal divorce!! TX now requires to assert within 2 years of separation or presumed not married. (§2.401(b)):MINIMUM REQUIREMENTS TO GET MARRIEDIn order to get married, you have to meet certain requirements:Age (§2.101-2.102)– Usually 18 or have consent of adult (14 in Texas). Sixteen – Eighteen with parental consent.Relationship – Can’t marry immediate family. Illegal as incest. (blood or adopted; Cannot marry first cousin in TX after Fundamentalist Mormons).No Bigamy (Mormon constitutional case)Consent – Must be freely and knowingly entering into union (no shotgun weddings or drunks. If one does “accidentally” get married, can have annulled. Another ground for annulment is fraud (e.g. want kids; impotent).Annulment is different from divorce. Divorce is the dissolution of a valid marriage. Annulment declares that a marriage was void and never existed.-Go over grounds for annulment, Have student read on p. 360 the four reasons and discuss. LEGAL DUTIES AFTER MARRIAGE1.DUTY OF SUPPORT (NECESSITIES)Marriage is considered a legally binding contract. Along with it come certain legal duties. Among these is a duty of support. (§2.501) Thus, a spouse is legally obligated to pay for support of their spouse and children. Thus, we have idea of alimony and child support (DISCUSS CHILD SUPPORT LATER) Most states have preserved the basic idea that a spouse is legally obligated to pay for the other spouse’s necessities (including such things as food, clothing, shelter, and medical care). B/c of this, you often see want ads declaring “From this day forward, I will only be responsible for my debts…./s/”PROPERTY OWNERSHIPProperty owned prior to marriage is separate property. Property acquired during marriage is community property and is owned 50/50 by spouses regardless of who earned it or bought it and without regard to whose name is on the title.(TX now allows for written agreements between spouses to convert property to and from separate property. This is important for creditor protection.)PRIVILEGED COMMUNICATIONSMarital Union used to legally make H & W one therefore some unusual rules evolved. Communications between spouses are privileged and cannot be made to testify against a spouse. Very important in civil and criminal matters. Also, previously, a H could not rape his W. This has now changed in most states.INHERITANCERegardless of what the spouse does in their Will, spouses usually have a statutory election to take a certain portion of the estate and cannot be dispossessed of the marital residenceDo question about arranged marriage in book and discuss. Also have students 29.3, and 29.7-DISCUSS AS CLASS HW:Read Chapter 30 and answer 30.1-30.3. Extra credit if watch State of the Union and write 1 pg reflection ................
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