View
234
Download
1
Category
Preview:
Citation preview
Family LawFamily LawFamily LawFamily Law
Marriage, Prenuptial Agreements, and Marriage, Prenuptial Agreements, and
DivorceDivorceMarriage, Prenuptial Agreements, and Marriage, Prenuptial Agreements, and
DivorceDivorce
MarriageMarriageMarriageMarriage
Marriage has been recognized as a Marriage has been recognized as a
fundamental right. It is both a contract fundamental right. It is both a contract
and a civil status.and a civil status.
MarriageMarriage - - a (1) : the state of being united to a person of
the opposite sex as husband or wife in a consensual and contractual relationship recognized by law (2) : the state of being united to a person of the same sex in a relationship like that of a traditional marriage {Added March, 2009}
Restrictions?Restrictions?
Marriage Marriage RestrictionsRestrictions
Marriage Marriage RestrictionsRestrictions
Ban on Interracial Marriages (struck down Ban on Interracial Marriages (struck down
inin Lovings v Virginia Lovings v Virginia))
Equal Protection: White Purity is a Equal Protection: White Purity is a
legitimate government interest? Non-legitimate government interest? Non-
discriminatory because it effects both discriminatory because it effects both
white and black people.white and black people.
Due Process: No fundamental right?Due Process: No fundamental right?
Marriage Marriage RestrictionsRestrictions
Marriage Marriage RestrictionsRestrictions
PovertyPoverty
License Fee - Most states uphold this so License Fee - Most states uphold this so
long as the fee is not exorbitant.long as the fee is not exorbitant.
Child Support Standing - Required to be Child Support Standing - Required to be
current on your child support payments? current on your child support payments?
(Struck down by (Struck down by Zablocki v RedhailZablocki v Redhail))
Marriage Marriage RestrictionsRestrictions
Marriage Marriage RestrictionsRestrictions
Incarceration (Prison) - Only with permission Incarceration (Prison) - Only with permission
of the Warden? (Struck down by of the Warden? (Struck down by Turner v Turner v
SafleySafley))
Kinship - Marriage to a family member is Kinship - Marriage to a family member is
incest. Incest is illegal.incest. Incest is illegal.
Age - Must be “X” years old. (Contract Law)Age - Must be “X” years old. (Contract Law)
Competency - Must make a knowing contract Competency - Must make a knowing contract
admission. (Contract Law)admission. (Contract Law)
Marriage Marriage RestrictionsRestrictions
Marriage Marriage RestrictionsRestrictions
Same Sex MarriageSame Sex Marriage
What are our competing jurisdictions?What are our competing jurisdictions?
50 States - Iowa, New York, California, 50 States - Iowa, New York, California,
etc...etc...
Federal Government - Defense of Federal Government - Defense of
Marriage Act (DOMA)Marriage Act (DOMA)
Same Sex MarriageSame Sex MarriageSame Sex MarriageSame Sex Marriage
1962 - 1962 - Illinois decriminalizes homosexuality. Illinois decriminalizes homosexuality.
First state to do so.First state to do so.
1973 - 1973 - American Psychiatric Association American Psychiatric Association
removes homosexuality from its list of mental removes homosexuality from its list of mental
disorders.disorders.
1982 - 1982 - Wisconsin outlaws discrimination based Wisconsin outlaws discrimination based
on sexual orientation. First state to do so.on sexual orientation. First state to do so.
19931993 - “Don’t ask don’t tell.” Compromise. - “Don’t ask don’t tell.” Compromise.
Same Sex MarriageSame Sex MarriageSame Sex MarriageSame Sex Marriage
20002000 - Vermont (Civil Union), Stops short of - Vermont (Civil Union), Stops short of
using the word “Marriage.” Why?using the word “Marriage.” Why?
20032003 - - Lawrence v TexasLawrence v Texas - SCOTUS strikes down - SCOTUS strikes down
anti-sodomy laws.anti-sodomy laws.
2004-2006 - 2004-2006 - Massachusetts, Connecticut, New Massachusetts, Connecticut, New
Jersey (Civil Union)Jersey (Civil Union)
20082008 - New York (reciprocal), California, - New York (reciprocal), California,
Connecticut (Marriage)Connecticut (Marriage)
Same Sex MarriageSame Sex MarriageSame Sex MarriageSame Sex Marriage
2009 - 2009 - Iowa, New Hampshire (Marriage)Iowa, New Hampshire (Marriage)
2010 - 2010 - District of Columbia (Marriage)District of Columbia (Marriage)
20112011 - New York (Marriage) - New York (Marriage)
Same Sex MarriageSame Sex MarriageSame Sex MarriageSame Sex Marriage
1996 - 1996 - Defense of Marriage Act (DOMA)Defense of Marriage Act (DOMA)
Definition of MarriageDefinition of Marriage
Waiver of “Full Faith and Credit” ClauseWaiver of “Full Faith and Credit” Clause
Passed by Dual Majority of a bi-partisan Passed by Dual Majority of a bi-partisan
Congress and signed by President Bill Congress and signed by President Bill
Clinton.Clinton.
Obama Administration’s take on DOMAObama Administration’s take on DOMA
DivorceDivorceDivorceDivorce
No- Fault Divorce is a rule in every No- Fault Divorce is a rule in every
jurisdictionjurisdiction
Irreconcilable differencesIrreconcilable differences
Why look at “Fault” at all?Why look at “Fault” at all?
DamagesDamages
Speedy DivorceSpeedy Divorce
Divorce - FaultDivorce - FaultDivorce - FaultDivorce - Fault
AdulteryAdultery
CrueltyCruelty
DesertionDesertion
NeglectNeglect
AddictionAddiction
Conviction / ImprisonmentConviction / Imprisonment
Prenuptial Prenuptial AgreementAgreementPrenuptial Prenuptial AgreementAgreement
Why get a prenuptial agreement?Why get a prenuptial agreement?
Community Property (California) - 50/50 Community Property (California) - 50/50
split regardless of faultsplit regardless of fault
Common Law - Who acquired it?Common Law - Who acquired it?
Equitable Distribution - What is fair?Equitable Distribution - What is fair?
Recommended