Marriage and Divorce Flashcards
1
Q
How to establish common law marriage? (CACH)
A
Capacity to enter into a martial contract, Agreement (present), Cohabitation, and Holding out a marital relationship.
2
Q
Where is a marriage recognized?
A
It is valid under the law of the place in which it was contracted and will be valid everywhere else unless it violates a strong public policy of the state that has the most significant relationship to the spouses and marriage.
3
Q
Is a bigamous marriage void?
A
Yes, from the beginning.
4
Q
What are the two marriage saving doctrines for the new spouse?
A
(1) There is a presumption that the most recent marriage is valid, and (2) removal the impediment will render a subsequent marriage valid.
5
Q
What type of divorce is virtually all states?
A
No fault divorce
