Family Law Ch. 29&30

What is a Family? There is no precise legal definition of “Family.” There is no precise legal definition of “Family.” –May include people related by blood, marriage, adoption, or people who live together in a single household Refer to page 358, what trends do you see in Figure 29.1? Refer to page 358, what trends do you see in Figure 29.1?

Marriage To get legally married, the following steps usually include; To get legally married, the following steps usually include; –Blood test; check for possible medical problems –Marriage license; asked to provide proof of age, possible blood test, swear to the truth of the information –Waiting period; many states do not immediately give the license, or require a waiting time before the ceremony –Ceremony; must be performed in presence of clergy or public official

Legal Aspect of Marriage Age; must be between 16 and 18 years old Age; must be between 16 and 18 years old –Check pg. 580 for Ohio Law Relationship; It is illegal to marry a close blood relative, this is known as incest Relationship; It is illegal to marry a close blood relative, this is known as incest Two people; marriage is between two people. Bigamy. Two people; marriage is between two people. Bigamy. Man and Woman Man and Woman Consent Consent

Invalid Marriage There are situations in which a court may declare that a marriage never existed – Annulment. There are situations in which a court may declare that a marriage never existed – Annulment. –Age; the couple were too young to get married –Bigamy; One spouse was already married –Fraud; One spouse lied to other about an important matter –Lack of consent; forced to marry

Common-Law Marriage Marriage without a blood test, a license, or a wedding ceremony. Marriage without a blood test, a license, or a wedding ceremony. Couple hold themselves out to the public as husband and wife, and live together as if married. Couple hold themselves out to the public as husband and wife, and live together as if married. –14 states allow this type of marriage including Ohio.

Decisions in a Marriage Prenuptial agreement; written document before a marriage that sets forth rights and responsibilities Prenuptial agreement; written document before a marriage that sets forth rights and responsibilities Name change; tradition of women taking man’s name Name change; tradition of women taking man’s name Support; typically husband’s have held the responsibility to support the wife Support; typically husband’s have held the responsibility to support the wife Privileged communications; communications in marriage are privileged Privileged communications; communications in marriage are privileged

Decisions in a Marriage Inheritance; If a spouse becomes deceased, the other spouse is automatically entitled to a share of the deceased’s estate Inheritance; If a spouse becomes deceased, the other spouse is automatically entitled to a share of the deceased’s estate

Financial Responsibilities Historically Husbands have been viewed as the head of the household Historically Husbands have been viewed as the head of the household –Responsible to provide for wife »Necessities; food, clothing, shelter, medical care –In return, make decisions and have companionship of wife

Financial Responsibilities Some states have now modified, making husbands and wives equally responsible in accordance with their respective needs and abilities Some states have now modified, making husbands and wives equally responsible in accordance with their respective needs and abilities

Property Separate Property; owned by a spouse prior to marriage, also a gift given Separate Property; owned by a spouse prior to marriage, also a gift given Joint Property; bank accounts, real estate, autos, etc. in both names Joint Property; bank accounts, real estate, autos, etc. in both names Community Property; all property acquired during the marriage is joint property (9 states, not Ohio) Community Property; all property acquired during the marriage is joint property (9 states, not Ohio)