Ch. 20 Marriage and Divorce

Marriage »Legal union of ONE MAN and ONE WOMAN as husband and wife.

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

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. »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.

Types of Marriage 1.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! 1.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!

Types of Marriage 2.Ceremonial Marriage A person authorized by the state to perform marriages must be present. List some examples of who these authorized people might be? 2.Ceremonial Marriage A person authorized by the state to perform marriages must be present. List some examples of who these authorized people might be?

Types of Marriage 3.Proxy Marriage One or both parties can’t be present for the ceremony Someone acts on their behalf 3.Proxy Marriage One or both parties can’t be present for the ceremony Someone acts on their behalf

Types of Marriage 4.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 4.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

Types of Marriage 5.International Marriage American’s getting married abroad Valid as long as it was done legally in that country. 5.International Marriage American’s getting married abroad Valid as long as it was done legally in that country.

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

Consanguinity

What things do you need to do legally before you can get married?

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

Why would marriages end?

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 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

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 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

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 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

What things do Courts have to decide in the divorce?

Divorce Settlements 1.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. 2.Child Custody - usually split the custody into equal parts Legal Custody - parent’s right to make major decisions about child’s health, education and welfare. Physical Custody - where the child will live.

Divorce Settlements 3.Child Support - parent pay for their child to live. 4.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.

Community Property States  Arizona  California  Idaho  Louisiana  Nevada  New Mexico  Texas  Washington  Wisconsin

Assignment / Page Key Points Review #2-9 / Page Apply and Debate #11-15 / Page Key Points Review #2-9 / Page Apply and Debate #11-15