Domestic Relations Laws

Rights Relating to the Marriage Contract

The right to support, either emotional or financial, by one’s spouse when necessary

The right to inheritance from one’s deceased spouse The right to property if the marriage fails The right to file a joint income tax return The right to compensation to continue one’s standard

of living, if the marriage ends. The right to the division of community property

Duties Relating to the Marriage Contract

The duty of faithfulness to one’s spouse The duty to provide support, either emotional or

financial, to one’s spouse when necessary The duty to refrain from bodily harm to those with

whom they live The duty to support their children, if there are any

Premarital Agreements

A premarital agreement is an agreement between two people considering marriage

Each party in the agreement must be honest about every aspect of the agreement

Not every marriage contract includes a premarital agreement

A premarital agreement must be in writing and signed by each party

Also called prenuptial agreement

Ceremonial Marriages

Ceremonial marriages are typically used to make a marriage official (solemnize)

Ceremonial marriages must be administered by someone who has authority (judge, ordained minister, sea captain, and in some states notary public)

Common Law Marriages

Common Law marriages require no witnesses or ceremony by anyone authorized

Common Law marriages do not require a ceremony but is typically considered when a man and a woman share common residence for an extended period of time (different by state, typically 10 years)

Under Common Law, a published notice of an upcoming marriage was called a marriage bann

Proxy Marriages

One or both of the parties to a marriage are absent and are represented by an agent who acts on their behalf

Absent due to military duty or serious illness

Historically due to travel and distance issues on arranged marriages

Prohibited Marriages

Prohibited marriages include, in most states, marriage between close relatives, marriage between those related by blood (consanguinity), or marriages related by marriage (affinity)

The Uniform Marriage and Divorce Act prohibits marriage between parent/grandparent, child/grandchild, brother/sister, uncle/niece, or aunt/nephew

Bigamy (two spouses at one time) and Polygamy (more than two spouses at one time) are prohibited

Grounds For Ending a Marriage

Marriages can end either by: Death Annulment Divorce

Death

Voids the marriage contract

Annulment

The grounds for annulment include either spouse lying about: Pregnancy Freedom from disease Willingness to have a child Past Marriage Age

Divorce

The grounds for divorce vary from state-to-state but can include:

No-fault (the breakdown of the domestic relationship) Adultery Physical or mental cruelty Desertion Alcoholism or drug addiction Nonsupport Conviction of a felony A few states have allowed for divorce based on

incompatibility Impotency

Division of Marital Property

The division of marital property during a divorce depends on many standards: Age and individual earning power of each

spouse Length of the marriage Contributions of each spouse to the marriage

(including the value of homemaking services)

Alimony

An allowance made to a divorced person by his or her former spouse for support

Set during the court settlement The judgment of the court

Support and Custody of Children

The welfare of the child is the main concern of the courts

Many factors are considered when determining custody:

Parents’ wishes Childs’ wishes Child’s relationship with parents, siblings, and any other

person who may affect the child’s welfare Child’s adjustment to home, school, and community Physical and mental health of all involved

Support and Custody of Children(continued)

Joint custody may be awarded If one parent receives custody, the

court will then set child support payments for the other parent.

If child support is not paid, a parent locator service is then used to help collect the unpaid child support payments