Getting Married Flashcards
Common Law Marriage
Creates marital rights and obligations identical to a ceremonial marriage. Requires:
1) have a present agreement to be married
2) must be legally able to marry
3) spouses live together for certain period of time
4) hold themselves out as being married
most states honor valid CL marriage even if not recognized in own state
Valid Marriage
1) consent from both parties
2) a marriage license
3) marriage is solemnized in a ceremony by a judicial officer or church.
Bigamy
A person cannot be married to more than one person at the same time.
A marriage is not valid if entered into when one of the parties is still married.
Equity Doctrine
Creates a strong presumption that the most recent marriage is valid.