Domestic Relations Laws Objective 8.01
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