Ch. 20 Marriage and Divorce

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Ch. 20 Marriage and Divorce
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Marriage

• Legal union of ONE MAN and ONE WOMAN as husband
  and wife.

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What do some couples do before they get
married?(Legal issues)

• Prenuptial Agreements

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Marriage Rights and Duties

• Be faithful and prevent abuse.
• To be supported by your spouse when necessary
• Inheritance from your deceased spouse
• Property if marriage ends
• Compensation to continue your standard of living
  if marriage ends
• File joint tax return.

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Types of Marriage

• Common Law Marriage
• informal agreement where the parties say they are
  married
• 11 states recognize this type of marriage (PA is
  not one of them)
• YOU MUST ACT LIKE A MARRIED COUPLE!

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Types of Marriage

• Ceremonial Marriage
• A person authorized by the state to perform
  marriages must be present.
• List some examples of who these authorized people
  might be?

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Types of Marriage

• Proxy Marriage
• One or both parties cant be present for the
  ceremony
• Someone acts on their behalf

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Types of Marriage

• Covenant Marriage
• Couples must have counseling before the wedding
  and during the marriage to solve conflicts.
• If still want a divorce it must be after a period
  of separation.
• Arkansas, Arizona, and Louisiana

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Types of Marriage

• International Marriage
• Americans getting married abroad
• Valid as long as it was done legally in that
  country.

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Prohibited Marriages

• All States
• Bigamy - 2 spouses at the same time
• Polygamy - more than 2 spouses at the same time.

• Some States
• Consanguinity - related by blood
• Affinity - related by marriage.

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Consanguinity
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What things do you need to do legally before you
can get married?
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Requirements of Marriage

• Age Requirement
• Marriage license
• Waiting Period
• Blood Test/Physical Exam
• Use of Names

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Why would marriages end?
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Ending a Marriage

• Death of a spouse
• Annulment - marriage was never valid - need
  reason
• Divorce - dissolution of marriage - declared by
  the court that the marriage is over
• Legal Separation - limited divorce - court ends
  the right to live together

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Grounds for Divorce

• Adultery - sexual relations with someone else
• Cruelty - personal violence
• Desertion - spouse leaves with intent of not
  returning
• Alcohol Drug Addiction
• Nonsupport - ability to support spouse but choose
  not to
• Felony Conviction

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No Fault Divorce

• Divorce granted without either party having to
  prove the other party is guilty of misconduct.
• Parties agree they have a personality conflict
  where there is no chance of reconciliation

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What things do Courts have to decide in the
divorce?
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Divorce Settlements

• Alimony - allowance for support paid to one
  person by the former spouse in a divorce.
• At Fault Divorce - spouse who is at fault will
  not be awarded alimony.
• Child Custody - usually split the custody into
  equal parts
• Legal Custody - parents right to make major
  decisions about childs health, education and
  welfare.
• Physical Custody - where the child will live.

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Divorce Settlements

• Child Support - parent pay for their child to
  live.
• Marital Property - splitting up the property
• Non-community property states - assets gained
  during marriage are divided proportionately.
• Community property states - each spouse gets 1/2
  of property acquired during marriage.

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Community Property States

• Arizona
• California
• Idaho
• Louisiana
• Nevada
• New Mexico
• Texas
• Washington
• Wisconsin

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Assignment

• Page 453 - Key Points Review 2-9
• Page 454 - Apply and Debate 11-15