The Marriage Relationship

Question 1

What are the individual rights of married persons?

Answer 1

Eliminate legal disabilities, especially with their property, and privacy over spousal control (i.e. sterilization, abortion, etc.)

Question 2

What are the spouses property rights?

Answer 2

1. Tenancy by the entirety - In most states this is presumptively created
2. Marital Property - Courts have broad discretion, no matter prior agreements, with regard to distribution of property upon the dissolution of a marriage
   * Watch for principles of agency

Question 3

Is there an obligation for spouses to support one another?

Answer 3

Yes - the court may petition alimony and child support pursuant to a legal separation or pending divorce action, and in some states may seek relief without seeking any other relief, the extent of support is determined by circumstances of the parties

Question 4

What is marital rape?

Answer 4

Many states have amended criminal laws that have the exception of marital rape

Question 5

What is the common law doctrine of family privacy?

Answer 5

Internal affairs of families may not be regulated by courts, freedom to expect privacy inside the home away from got. regulation

Question 6

Where is the right to privacy found in the US Cont.?

Answer 6

Not explicitly in the const. but SCOTUS recognizes “privacy” under the term liberty in the due process clause; furthermore privacy is considered a fundamental right
*Some states explicitly have the right to privacy in their state constitutions

Question 7

With regard to marriage what are other privacy rights?

Answer 7

1. Right to marriage - Fundamental
2. Right to procreate - Fundamental
3. Right to Educate Children - Outside the public schools if parents want
4. Rights in care custody and control of children - Const. protection if parents do not want grandparents to visit

Question 8

What is spousal immunity?

Answer 8

A married person may not be compelled to testify against their spouse; and may choose to testify against the other spouse and even over their objection

Question 9

What is privilege for confidential marriage communications?

Answer 9

The right to privileged confidences between spouses while they were married (there is no privilege of communication between parents and their children)