getting married

Question 1

what are the requirements/elements for the civil contract of getting married?

Answer 1

• parties must be legally capable of consent
• marriage contract cannot be modified or terminated without state intervention

Question 2

what are the requirements for a ceremonial (statutory) marriage?

Answer 2

the parties must obtain a license and participate in a ceremony

Question 3

what are the requirements to obtain a marriage license?

Answer 3

(1) need capacity to marry—minimum age restrictions; parental consent for minors
(2) waiting period between date of license application and date of issuance or ceremony
(3) medical testing—state can mandate testing, but cannot condition a license on the results
(4) expiration date—most states impose and expiration date on a marriage license

Question 4

when is a marriage license not issued?

Answer 4

• one part is married to someone else (bigamy)
• the parties are too closely related (incest)
• the marriage is a “sham”
• the parties are incapable of understanding the nature of the act
• one or both parties is under the influence of drugs or alcohol
• a party lacks consent due to duress or fraud

Question 5

same-sex marriage

Answer 5

same-sex marriage is permitted in all states; all states and the federal government must recognize same-sex marriage legally entered into in another state

Question 6

solemnization (ceremony) requirements

Answer 6

(1) the ceremony must be performed in front of two or more witnesses
(2) a judge, political official, or member of the clergy must solemnize a marriage

Question 7

what are the requirements for a common law marriage?

Answer 7

(1) the parties must agree they are married;
(2) cohabit as married; AND
(3) hold themselves out to the public as married

Question 8

recognition of common-law marriages

Answer 8

only recognized in CO, DC, IA, KS, MT, RI, TX, UT

under conflict-of-law principles, a marriage that is valid under the law of the place in which it was contracted is valid elsewhere unless it violates a strong public policy

Question 9

legal/mental capacity requirements for common-law marriage

Answer 9

parties must be of age, not too closely related, and understand the nature of the act

Question 10

intent requirements common-law marriage

Answer 10

must be evidence by words in the present tense (e.g., “we are married”)

Question 11

what is a heartbalm action?

Answer 11

a civil suit for money damages based on the damage to a jilted party’s reputation; abolished in most states