1.  Domestic Relations Laws  Objective 8.01

2. 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

3. 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

4. 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

5. 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)

6. 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

7. 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

8. 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

9. Grounds For Ending a Marriage  Marriages can end either by:  Death  Annulment  Divorce

10. Death Voids the marriage contract

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

12. 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

13. 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)

14. 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

15. 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

16. 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