 State laws prescribe the requirements that must be met to be married.  Parents are entitled to deduction on their taxes for each dependent  Family.

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Presentation transcript:

 State laws prescribe the requirements that must be met to be married.  Parents are entitled to deduction on their taxes for each dependent  Family Leave Act allows employees time off to care for new babies and ill relatives

 Parents are responsible for providing necessities for their children  Paternity tests can force this for fathers  Will- a legal document that explains how you want your property divided up after you die.

 State law determines who gets your property if you do not have a will  Most commonly goes to spouse  Required to be of legal adulthood to have a will

 Parents, children  People related by blood, adoption, marriage  Group of people living together sharing

 To get married:  Blood test-for STDs, HIV,  Marriage License; provide proof of age, blood test results, Pay a fee,  Waiting period-to give couple time to think over decision  Wedding ceremony-religious or civil but must be in front of an official and a witness

 Is it required?  Should it be?

 Age-18 or older, some states younger if parental consent if given, some states allow if there is a pregnancy  Relationship-All states prohibit close relationship marriage. Most prohibit first cousins.  Incest a criminal offense, sexual relations with a close relative

 Bigamy-crime of having more that one husband or wife. Marrying someone who is already married is illegal  Same sex marriage-still being defined by the states  Consent- voluntary  If legal requirements not met the marriage can be annulled.

 Annulment is a court order declaring that the marriage never existed  Divorce is a court order that ends a valid marriage  Plural marriages-Polygamy  Reynolds v U.S.-anti-polygamy laws are valid

 No waiting period  No blood tests  must have parental consent and judge may require counseling  No marriage of first cousins  No same sex marriage

 Couple live together as married, present themselves publicly as man and wife.

 Six elements of a Common Law marriage in Ohio  1. a mutual agreement of marriage "in praesenti" (presently);  2. made by persons competent to marry; followed by cohabitation (including a sexual consummation of the marriage);  3. a holding out to the public that the parties are actually husband and wife;  4. a reputation in the community that the parties are husband and wife; and  5. that the Common Law marriage was entered into before October 10, l991.

 Property ownership-Who owns property acquired during a marriage?  Before marriage, property remains that of one person-Separate Property  After marriage, Marital Property, regardless of who acquires it, belongs to both  Community property states require all property divided equally regardless

 Each spouse entitled to separate property.  Marital property is divided based on Need Financial contributions of each spouse Length of marriage Obligation to third parties, such as children Prenuptial Agreement-rights and responsibilities of marriage and terms if marriage is disolved.

 If a husband or wife dies, the spouse is entitled to a share of the estate.  One third to one half depending on state  Even if left out of the will, state laws give the spouse a portion of the estate

 Cohabitation agreement  palimony-payments to non-married partner after breakup  Since 1976, these have been recognized  Same-Sex Partners  1996 Defense of Marriage Act(DOMA)

 Allows states to recognize same sex unions of other states if they wish to.  Defines legal marriage as between a man and a woman.  Does it violate the Full Faith and Credit Clause? Art. IV  Only marriage confers federal benefits  Connecticut, Vermont, New Hampshire, Oregon, New York, New Jersey, Iowa, Maine, Maryland