Marriage

Question 1

What are the main Modern Marriage Requirements?

Answer 1

1. License: Most states require that persons intending to marry obtain a license.
2. Ceremony With Authorized Officiant
3. No Legal Impediments to Marriage — Generally, to get married, the parties must: a) not be too closely related or have a b) prior undissolved marriage to a living spouse (bigamy)
4. Capacity to Consent: Parties to a marriage must possess the mental capacity to understand their actions and agree to them. Thus, someone under the influence of alcohol or drugs may lack the mental capacity to enter into a valid marriage.

Question 2

What are the main Common Law Marriage Requirements?

Answer 2

1. Consent to marry (includes having capacity and a lack of legal impediments)
2. Cohabitation
3. The couple holding themselves out publicly as spouses

No license or ceremony is required

Common law marriage has been ABOLISHED in most states. However, if a valid common law marriage is formed in one state, it will generally be regarded as valid even in those states that do not recognize common law marriage.

Question 3

What is Marriage by Estoppel or Putative Marriage?

Answer 3

This is an equitable remedy that some states use to protect an innocent party who acted in good faith when entering into an invalid marriage.

• In some states, the putative spouse can acquire all of the rights of a legal spouse.