Requirements for Marriage

Question 1

What are the formal requirements for marriage?

Answer 1

Issuance of a marriage license AND solemnization of the marriage by an authorized official.

Question 2

Common Law Marriage Rules

Answer 2

Most states today do not recognize common law marriage,

BUT most will recognize a common law marriage performed validly in another state unless the circumstances violate an important state public policy

Question 3

Requirements for Common Law Marriage

Answer 3

(1) Capacity to marry;
(2) Present intent to be married;
(3) Cohabitation & consummation; and
(4) Holding out as a married couple

Question 4

Common Law Marriage:

Who has the burden of proof?

What is the burden of proof?

Answer 4

Burden is on the party asserting it.

Typically, the elements must be proven by clear and convincing evidence.

Question 5

What are the legal impediments to Marriage?

Answer 5

Not being of age (18 or 14-18 with parent consent)

Marriages between blood relatives (whether of the whole blood or half-blood). In a minority of states, the above is extended to relationships when the parties are relatives by marriage.

Lack of Consent

Fraud: the misrepresentation or failure to disclose must be intended to induce the other party to enter the marriage, AND it must be material

Prior Marriage Still in Force