Marriage Law

1
Marriage Law

• For Better or Worse . . .

2
Learning Goal

• To understand how marriage is not only a
  relationship, but a contract with specific duties
  and rights!

3
The Foundation of Marriage

• Why is Marriage Important????
• The Basis of the family unit.
• Vital to the preservation of values and culture.
• Who dictates the Marriage Rules????
• States set their own rules
• States have to honor other states rules!

4
The Marriage Contract

• Begins at the time of Engagement
• A promise to give-up the legal right to remain
  single.
• While engaged, contract is in the executory
  stage
• The contract is executed when the wedding occurs.
• If one party fails to go through with the
  contract, the other party could sue!!!

5
Marriage Rights Duties

• The right to support by your spouse.
• The right to inheritance from a deceased spouse.
• The right to property if the marriage ends.
• The right to compensation to continue your
  standard of living if the marriage ends.
• The right to file a joint tax return.

6
The Prenup

• Prenuptial Agreements - Must be in writing, AND
  signed!!!
• Property Ownership
• Rights to buy and sell personal property
• Disposition of property if marriage ends
• Changes in support if marriage ends
• Ownership and benefits of life insurance policies
• Children from previous marriages

7
Prohibited Marriages

• Marriage Between Relatives
• Direct Relationships
• Relationships by Marriage
• 1st Cousins????
• Children born to blood relatives are more likely
  to have birth defects.

8
Prohibited Marriages

• Bigamy and Polygamy
• Bigamy having 2 spouses at the same time.
• Polygamy having more than two spouses at the
  same time.
• Both of these are crimes in ALL states!!
• The first marriage is valid, all others are void,
  unless the first marriage ends.

9
Marriage Law

• For Better or Worse . . .

10
Learning Goal

• To recognize the legal grounds for divorce, and
  their requirements to be legal.

11
How Does a Marriage End?

• Death
• Annulment Declaration by a court that a
  marriage was never effective, or void from the
  beginning.
• Duress
• Fraud
• Divorce

12
Legal Separation and Divorce

• Legal Separation
• A Court Judgment ending the right to
  cohabitation.
• Court decides temporary child custody and
  support.
• Couple remains married until a Divorce.
• Divorce
• Dissolution of marriage
• Marriage has ended

13
Grounds for Divorce

• No-Fault Divorce
• No single party is to blame
• irreconcilable differences
• Adultery
• Proven by circumstantial evidence
• Cruelty
• Personal violence endangering life or health,
  making living together unsafe.

14
Grounds for Divorce

• Desertion
• The unjustified separation of one spouse, with
  the intent to not return.
• One spouse must want the other to return.
• Alcohol or Drug Addiction
• Habit must be confirmed, persistent, voluntary
  and excessive.
• Nonsupport
• Spouse has the ability to provide financial
  support, but willfully failed to do so.

15
Divorce Settlement

• Alimony
• An allowance for support made to a divorced
  person by a former spouse.
• Usually not granted to the spouse who is at
  fault.
• Amount is set according to income, property,
  dependents, current obligations, and life status.
• If one spouse remarries, alimony may change, but
  is still enforced.
• Death of either party ends the alimony.

16
Divorce Settlement

• Marital Property
• Equitable Distribution Laws are designed to
  evenly distribute property, regardless of who
  holds a title!
• Community Vs. Non-Community States
• Community divide assets in half
• Non-Community divide assets equitably
• Higher wage earner keeps more property than the
  lower wage earner.

17
Marriage Law

• For Better or Worse . . .

18
Learning Goal

• To recognize the elements of Child Custody and
  Support of Children.

19
Child Custody

• When a child is born within a marriage,
  parents are joint guardians of the child.
• The law divides Custody into two parts
• Legal Custody The parents right to make major
  decisions about the childs health, education,
  and welfare.
• Physical Custody The daily living arrangements
  of the child.

20
Child Custody

• Sole Custody
• All parental rights, duties and powers go to one
  parent only.
• Children live with Custodial Parent
• Visitation rights can be given to the
  Non-Custodial Parent

21
Child Custody

• Joint Custody
• All parental rights, duties, and powers are
  divided between the two parents.
• Children live with both parents, but at different
  times.
• Parents may compete for joint or sole custody of
  the children.

22
Child Custody

• How does the Court decide???
• The court attempts to determine what is in the
  best interest of the child.
• Some states favor awarding custody to the primary
  caretaker in the marriage.
• Most states take great consideration of what the
  childs wishes are.

23
Child Support

• Child Support is a basic obligation of every
  parent, regardless of custody.
• Federal Laws REQUIRE states to enforce child
  support guidelines, which must
• Consider all earnings and income of non-custodial
  parent
• Have a specific mathematical formula to determine
  the support obligation.
• Provide for the children through insurance or
  other means.

24
Child Support

• Federal Laws RECOMMEND that states enforce the
  following guidelines
• Parents share in support, according to their
  income.
• Obligation should never be zero.
• The child should share in the parents standard
  of living.
• The child is entitled to support, even if the
  parents were not married at their birth.

25
Enforcing Child Support

• In order to enforce Child Support, there must
  have been a Legal Order for it.
• Uniform Interstate Family Support Act (UIFSA)
  requires support orders from one state to apply
  in all states.
• People with support orders must register, which
  makes them easier to find.
• If support is not paid, it can be taken from
  checks or tax refunds.
• If support is not paid, passports will be denied!

26
Learning Goal

• To recognize the elements of Child Custody and
  Support of Children.

27
Marriage Law

• For Better or Worse . . .