Getting Married Flashcards
What is the requirement for a civil contract?
What is one limitation of the civil contract?
Parties must be legally capable of consent
Marriage contract cannot be modified or terminated without state intervention
How does a ceremonial (statutory) marriage work?
the parties must obtain a license and participate in a ceremony
What are the requirements for a license?
Does the license have an expiration date?
Need capacity to marry - minimum age restrictions; parental consent for young
Waiting period between date of license application and date of issuance or ceremony
Expiration date - most states impose an expiration date on a marriage license
Can a state mandate medical testing to obtain a marriage license?
Medical testing - state can mandate testing, but cannot condition a license on the result
What are six reasons why a license may not be issued?
One party is married to someone else already.
The parties are too closely related
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
Are same-sex marriages allowed?
They are permitted in all states; all states and the federal government must recognize a same-sex marriage legally entered into in another state
What are the requirements for a valid solemnization (ceremony)?
The ceremony must be performed in front of two or more witnesses
A judge, political official, or member of the clergy must solemnize a marriage
What are the requirements of a common-law marriage?
The parties agree they are married
Cohabit as a married couple
AND
Hold themselves out to the public as married
Where are common-law marriages recognized?
Only in
CO, DC, IA, KS, MT, RI, TX, UT
When is a common-law marriage recognized in other states (states that don’t allow for such marriages)?
Is there ever a time where the marriage can be denied recognition by such other states?
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
What are the legal/mental capacity requirements for a common-law marriage?
Parties must be of age
Not too closely related
Understands nature of the act
How is intent found in a common-law marriage?
Must be evidenced by words in the present tense (e.g., “we are married”).
What is a heart balm action?
A civil suit for money damages based on the damage to a jilted party’s reputation; abolished in most states.
