Marriage

Question 1

REQUIREMENTS: License

Answer 1

• Most states require that persons intending to marry obtain a license.
• To do so, some states require each party obtain a certificate from physician stating that party is free from particular infectious diseases.
• Most states also require a waiting period between getting license & having ceremony.
• Period varies by state (often, 48/72 hours)
• Note: Failure to meet procedural requirements of a license will not invalidate marriage.

Question 2

Ceremony With Authorized Officiant

Answer 2

• Generally, marriage must be performed by ceremony w/ authorized officiant.
• States vary on who can perform marriage ceremonies.

Question 3

No Legal Impediments to Marriage

Answer 3

Parties must:
(1) Not be too closely related
- States vary on whether first cousins can marry
(2) Not have a prior undissolved marriage to a living spouse (bigamy).

Question 4

Capacity to Consent

Answer 4

• At the time of ceremony, parties must have mental ability to consent.
• Parties must understand their actions & voluntarily agree to them.
• Thus, someone under the influence of alcohol/drugs may lack mental capacity to enter into a valid marriage.
• B/c parties must intend to enter into marriage, a marriage may also be attacked if one party is induced to marry b/c of fraud, duress, coercion, or force.
• Both parties must be of the age of majority, usually 18.
• A 16/17-year-old usually needs parental consent to marry, & younger parties require judicial consent

Question 5

COMMON LAW MARRIAGE

Answer 5

• A valid CL marriage requires 3 things:
  (1) Consent to marry, which includes having capacity & lack of legal impediments
  (2) Cohabitation
  (3) Couple holding themselves out publicly as spouses
• No license/ceremony is required.
• CL marriage has been abolished in most states.
• However, if a valid CL marriage is formed in one state, it will generally be regarded as valid even in those states that do not recognize CL marriage.

Question 6

MARRIAGE BY ESTOPPEL OR PUTATIVE
MARRIAGE

Answer 6

• This is an equitable remedy that some states use to protect innocent party who acted in good faith when entering into an invalid marriage.
• In some states, presumed spouse can acquire all of rights of a legal spouse.