Marriage Flashcards
What are the 2 types of marriages?
- Ceremonial; and
2. Common-law marriage
What are the two requirements for Ceremonial marriage?
License and Solemnization
What is the requirement for solemnization?
Ceremony must be performed in front of 2 or more witnesses AND the officiant
What are the 3 license requirements in a ceremonial marriage?
- Capacity
- Consent
- Compliance
What is the waiting period between the date of application and the issuance of a marriage license?
3 days
How long do you have between obtaining a license and solemnization?
33 days
Is medical testing required in Michigan?
No
Pursuant to Michigan law, what must parties receive in written materials regarding medical conditions?
Veneral diseases and HIV
What are the 6 circumstances where a marriage license will not be issued?
- One party is married to someone else;
- 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/alcohol; or
- A party lacks consent due to duress or fraud
What are the 3 requirements for Common-law Marriage?
- Parties agree they are married;
- Parties cohabit as married spouses; and
- Parties hold themselves out to the public as married
Are Common-law Marriages recognized in Michigan?
No unless contracted before abolishment in 1957
Will Michigan recognize a common-law marriage that is valid under the law of a different state?
Yes
Does Michigan recognize a Heart balm action?
No
Annulment
Voids a marriage and declares it as having never been valid
Difference between void marriage and voidable marriage?
- Void= treated as if the marriage never happened
2. Voidable= valid until a judicial decree dissolves the marriage
What are the 3 grounds for a void marriage?
- Prior existing marriage at the time of the subsequent marriage;
- Incest; and
- Mental incapacity
What are Michigan’s rules on incest marriage?
Void up to two generations and between first cousins
What are grounds for a voidable marriage?
Age, impotence, intoxication, fraud, duress, coercion, etc.
May a party request equitable distribution of property after the dissolution of an annulment?
Yes
Is Michigan a No-Fault or Fault jurisdiction for Divorce?
No Fault
No-Fault Marriage
Marriage is irretrievably broken and no prospect for reconciliation - NO requirement for a reason to divorce
What is the requirement for a divorce in Michigan?
One party must have resided in MI for 180 days immediately preceding the filing of the complaint
How is property divided after a divorce?
By equitable distribution
Equitable Distribution
Fair distribution of marital property
What is marital property?
All property acquired during or by reason of the marriage
Is title to the property material in equitable division?
No
If an account is actively managed, how is it treated in the division of marital property?
The appreciation in interest and of the marital home is divided
What 6 things AREN’T marital property?
- Property acquired before the marriage;
- Property excluded by the parties’ valid agreement;
- Property acquired by gift or inheritance;
- Property sold/granted/conveyed in good faith and for value before the date of separation;
- Property mortgaged/encumbered in good faith and for value before the date of separation; and
- Any award/settlement accrued before the marriage
Is a gift exchanged between spouse considered non-marital property?
No
What are some factors considered in the distribution of marital property?
Length of marriage; prior marriages; age; health; earnings; needs; contributions to education; medical needs; income; circumstances
Is a professional license or degree considered marital property?
Yes
Are retirement benefits considered marital property?
Yes if acquired during the marriage
Are future interests considered marital property?
No
Are social security benefits marital property?
No
Can you tax transfer of property between divorcing spouses?
No
