Marriage Law For Better or Worse...

Learning Goal To understand how marriage is not only a relationship, but a contract with specific duties and rights!

The Foundation of Marriage Why is Marriage Important???? The Basis of the family unit. Vital to the preservation of values and culture. Who dictates the Marriage Rules???? States set their own rules States have to honor other states’ rules!

The Marriage Contract Begins at the time of Engagement A promise to give-up the legal right to remain single. While engaged, contract is in the “executory stage” The contract is executed when the wedding occurs. If one party fails to go through with the contract, the other party could sue!!!

Marriage Rights & Duties 1.The right to support by your spouse. 2.The right to inheritance from a deceased spouse. 3.The right to property if the marriage ends. 4.The right to compensation to continue your standard of living if the marriage ends. 5.The right to file a joint tax return.

“The Prenup” Prenuptial Agreements - Must be in writing, AND signed!!! Property Ownership Rights to buy and sell personal property Disposition of property if marriage ends Changes in support if marriage ends Ownership and benefits of life insurance policies Children from previous marriages

Prohibited Marriages Marriage Between Relatives Direct Relationships Relationships by Marriage 1 st Cousins???? Children born to blood relatives are more likely to have birth defects.

Prohibited Marriages Bigamy and Polygamy Bigamy – having 2 spouses at the same time. Polygamy – having more than two spouses at the same time. Both of these are crimes in ALL states!! The first marriage is valid, all others are void, unless the first marriage ends.

Marriage Law For Better or Worse...

Learning Goal To recognize the legal grounds for divorce, and their requirements to be legal.

How Does a Marriage End? 1.Death 2.Annulment – Declaration by a court that a marriage was never effective, or void from the beginning.  Duress  Fraud 3.Divorce

Legal Separation and Divorce 1.Legal Separation A Court Judgment ending the right to cohabitation.A Court Judgment ending the right to cohabitation. Court decides temporary child custody and support.Court decides temporary child custody and support. Couple remains married until a Divorce.Couple remains married until a Divorce. 2.Divorce “Dissolution of marriage”“Dissolution of marriage” Marriage has endedMarriage has ended

Grounds for Divorce 1.No-Fault Divorce No single party is to blameNo single party is to blame “irreconcilable differences”“irreconcilable differences” 2.Adultery Proven by circumstantial evidenceProven by circumstantial evidence 3.Cruelty Personal violence endangering life or health, making living together unsafe.Personal violence endangering life or health, making living together unsafe.

Grounds for Divorce 4.Desertion The unjustified separation of one spouse, with the intent to not return.The unjustified separation of one spouse, with the intent to not return. One spouse must want the other to return.One spouse must want the other to return. 5.Alcohol or Drug Addiction Habit must be confirmed, persistent, voluntary and excessive.Habit must be confirmed, persistent, voluntary and excessive. 6.Nonsupport Spouse has the ability to provide financial support, but willfully failed to do so.Spouse has the ability to provide financial support, but willfully failed to do so.

Divorce Settlement Alimony An allowance for support made to a divorced person by a former spouse. Usually not granted to the spouse who is at fault. Amount is set according to income, property, dependents, current obligations, and life status. If one spouse remarries, alimony may change, but is still enforced. Death of either party ends the alimony.

Divorce Settlement Marital Property Equitable Distribution Laws are designed to evenly distribute property, regardless of who holds a title!Equitable Distribution Laws are designed to evenly distribute property, regardless of who holds a title! Community Vs. Non-Community StatesCommunity Vs. Non-Community States –Community = divide assets in half –Non-Community = divide assets “equitably” Higher wage earner keeps more property than the lower wage earner.

Marriage Law For Better or Worse...

Learning Goal To recognize the elements of Child Custody and Support of Children.

Child Custody When a child is born within a marriage, parents are joint guardians of the child. When a child is born within a marriage, parents are joint guardians of the child. The law divides Custody into two parts: 1.Legal Custody – 1.Legal Custody – The parent’s right to make major decisions about the child’s health, education, and welfare. 2.Physical Custody – 2.Physical Custody – The daily living arrangements of the child.

Child Custody Sole Custody All parental rights, duties and powers go to one parent only.All parental rights, duties and powers go to one parent only. –Children live with “Custodial Parent” –Visitation rights can be given to the “Non-Custodial Parent”

Child Custody Joint Custody All parental rights, duties, and powers are divided between the two parents.All parental rights, duties, and powers are divided between the two parents. –Children live with both parents, but at different times. –Parents may compete for joint or sole custody of the children.

Child Custody How does the Court decide??? The court attempts to determine what is in the best interest of the child.The court attempts to determine what is in the best interest of the child. –Some states favor awarding custody to the primary caretaker in the marriage. –Most states take great consideration of what the child’s wishes are.

Child Support Child Support is a basic obligation of every parent, regardless of custody. Federal Laws REQUIRE states to enforce child support guidelines, which must:Federal Laws REQUIRE states to enforce child support guidelines, which must: –Consider all earnings and income of non- custodial parent –Have a specific mathematical formula to determine the support obligation. –Provide for the children through insurance or other means.

Child Support Federal Laws RECOMMEND that states enforce the following guidelines: Parents share in support, according to their income. Obligation should never be zero. The child should share in the parent’s standard of living. The child is entitled to support, even if the parent’s were not married at their birth.

Enforcing Child Support In order to enforce Child Support, there must have been a Legal Order for it. Uniform Interstate Family Support Act (UIFSA) requires support orders from one state to apply in all states. People with support orders must register, which makes them easier to find. If support is not paid, it can be taken from checks or tax refunds. If support is not paid, passports will be denied!

Learning Goal To recognize the elements of Child Custody and Support of Children.

Marriage Law For Better or Worse...