The Marriage Relationship Flashcards
What are the requirements for a valid marriage?
1) a marriage license; 2) a ceremony with an authorized official; 3) capacity to consent to the marriage.
One must have the capacity to consent to marriage when?
at the time of the ceremony.
Can someone under the influence of drugs or alcohol consent to marriage?
no
When must a person get parental consent to marry?
under the age of 18
When must a person get judicial consent to marry?
under the age of 16
What are the requirements for a valid common law marriage?
1) consent to marry; 2) cohabitation; and 3) holding each other out publicly as being married.
What is marriage by estoppel?
an equitable remedy used by a court to establish a marriage where an innocent party acted in good faith when entering an otherwise invalid marriage.
Marriage by estoppel is also referred to as . . .
putative marriage
When dividing up property during a divorce, is title to property dispositive of who will get what?
no, title is not dispositive.
Doctrine of Necessaries
one spouse can be liable to third parties for the other spouse’s purchases for necessary expenses, such as food, clothing and healthcare.
In every state, victims of domestic abuse are entitled to . . .
a spousal abuse order.
In circumstances of spousal abuse, is the abusing spouse entitled to notification of the other spouse seeking a spousal abuse order?
no
Alienation of Affection
a tort where the defendant causes validly married spouses to lose love and affection for one another.
Is adultery required for a cause of action on a theory of alienation of affection?
no
Criminal Conversation
a tort where an adulterer comes between spouses.
