Marriage Flashcards
What are the requirements of a valid marriage?
(1) Consanguinity
(2) Not already married
(3) License
(4) File Certificate
(5) Solemnization
(6) Age of Majority
(7) Witnesses
What is the consanguinity requirement?
To be married, the parties cannot be closer than second cousins.
What is the “not already married” requirement for a valid marriage?
Neither party may have another spouse living at the time of the marriage.
What is the license requirement of a valid marriage?
The parties must obtain a wedding license from the county auditor, which in most states will expire after 60 days. Failure to obtain a license does not render a marriage invalid per se.
What is the filing requirement of a marriage?
The marriage certificate must be signed by the witnesses and the person who solemnized the marriage, then filed with the county auditor and state registrar.
What is the solemnization requirement of a valid marriage?
An authorized officiant must solemnize the marriage.
What is the age requirement for a valid marriage?
Both parties must be at least 18 years old, unless they have parental consent or if they are parents of a child. Seventeen-year-olds may marry with parental consent and need not obtain permission from a court.
What is the witness requirement for a marriage?
Two witnesses must be physically present to validate the marriage.
What is required for a valid common law marriage in states that recognize common law marriages?
The couple must: (1) cohabit, (2) hold themselves out as married, and (3) share assets.
What is the significance of a common law marriage?
In some jurisdictions, the common law spouse may be entitled to marital property rights.
What is the putative spouse doctrine?
Under the putative spouse doctrine, a party’s financial interests are protected if that party unknowingly entered into a bigamous marriage.
What is required to be registered domestic partners?
The partners must:
(1) Share the household
(2) Not be married to anyone else
(3) Register in the state
(4) Be 18 or older
