U.S. TEEN MARRIAGE LICENSE LAWS

Illinois If you are 16 or 17 years old, you need to provide the following identification: Drivers License Passport State ID If you don’t have the items listed above, a birth certificate along with additional forms of identification can be used You will also need to have sworn consent from each parent, each legal guardian or judge-- in person -- before the county clerk at the time of the application

Your parents or guardians will need to provide identification like a driver’s license, state identification card, Illinois Department of Public Aid card, or passport. If your parent is deceased, you will need to show a death certificate or proof of guardianship, or a court order waiving consent. A legal guardian will also need to show a certified copy of the guardianship papers. If you are under sixteen (16) years of age, you cannot get married in Illinois.

APPLYING FOR A MARRIAGE LICENSE Business Law II

Marriage The formal union of two people (same sex and opposite sex), typically recognized by law, by which they become legal partners Husband and wife Same Sex couples

The Marriage Contract The engagement represents the offer and acceptance of the contract The consideration is the promise to give up one’s right to remain single. During engagement, the marriage contract is in its executory stage, it is fully executed when the wedding occurs.

Age Requirements Most States you need to be 18 years old to marry without parental consent. Nebraska- Age of consent is 19 Mississippi- Age of consent is 21 Illinois and all other states- Age of consent is 18

Marriage Rights and Obligations Marriage includes the right to: 1. Support your spouse when necessary 2. Inheritance from your deceased spouse 3. Property if the marriage ends 4. Compensation to continue your standard of living if them marriage ends 5. File a joint income tax return

Eligibility Under Illinois law, only eligible persons can marry. Both the bride and groom must: Be 18 years of age or older Not be blood relatives New Law: January 2014, same sex couple can legally marry in IL

Exceptions Under state law, first cousins older than 50 years of age may marry. Under state law, applicants who are 16 and 17 years old may obtain a marriage license with parental consent.

Prenuptial Agreement Prenuptial AKA Premarital Agreement A written signed and sealed legal contract couples make before getting married dealing with property and support issues. Prenuptial Agreement Basics

Common Prenup Topics Separate vs. joint property Estate planning issues How to handle a separate business Retirement benefits Non-responsibility for other’s debts If separate/divorce, who gets what Who pays household bills Joint or separate bank accounts

Common Prenup Topics Specific project/purchases agreements How you will handle credit card charges Agreements to put money in savings Agreements for putting each other through college/professional school Provisions for surviving spouse How to settle future disagreements

Types of Marriages 1. Common-Law Marriage Informal marriage created by the parties themselves Today only 11 states honor this, Other 39 states recognize ceremony marriages 2. Ceremonial Marriage Declaration of marriage in presence of authorized person according to state law 3. Proxy Marriage When one or both of the parties cannot be present for the wedding ceremony. An agent acts on behalf of the absent party.

Types of Marriages 4. Covenant Marriage Counseling is done before wedding and during marriage to solve conflict. Meant to reduce divorce rates. 5. Consanguinity Marriage Of the same blood or origin; specifically : relating to or involving persons (as first cousins) that are relatively closely related.

Affinity vs. Consanguinity Affinity Being related by Marriage i.e. Marrying into a family Consanguinity Being related by Blood Brother sister; cousins; etc.

Requirement Of A Legal Marriage Age Requirement-- In nearly every state-- must be 18 or older. Marriage License—Certificate issued by a government office giving permission to marry (court house) Waiting Period– Gives the couple a time period to reconsider their decision

Requirement Of A Legal Marriage Blood Test/Physical Examination– Some states require tests before certificate is issued. Blood tests are use to test for contagious diseases Use of Names– Most women adopt their husbands last name, but it is not required. Some women keep their maiden name or hyphenate their name with their husbands.

Types of Ceremonies Spiritual Christian Non-denomination Interfaith Buddhist/Christian Civil or non-religious Commitment Renewal of Vows

4 most popular ceremonies Religious—refers to God and Jesus, follows scripture Civil—Justice of Peace or judge marries outside of church Military—often in military chapel, military dress Non-Traditional—similar to civil, gives leeway to “do your own thing”

Uniform Marriage and Divorce Act Model statute that defines marriage and divorce Uniform Marriage and Divorce Act states that certain marriages are prohibited Marriage by Consanguinity (except over 50 years old) Polygamy and Bigamy Introduced irreconcilable differences as the sole ground for divorce.

Prohibited Marriages Bigamy Having 2 spouses at the same time Polygamy Having more than 2 spouses at the same time Any marriage that occurs while one party is already married is void in EVERY STATE. If one of the parties did not know the other person was already married, the marriage can become valid upon the death or divorce of the partner to the first marriage.

DIVORCE

Divorce A marriage comes to an end in one of three ways: Death Annulment Divorce Couples can also be legally separated without a divorce or annulment

Annulment Declaration by the court that a marriage was never valid Parties must go before a probate court judge and prove certain grounds Duress and fraud are usually the grounds that need to be proven Force of threat Marrying underage Intending never to have children Concealing pregnancy by someone other than husband

Legal Separation Judgment ending the right to cohabitation Court will decide issues of child custody and support Person awarded custody  custodial parent Joint Custody  equal care and control of minor children by both parents In some cases, non-parents can be awarded custody

Divorce Declaration by the court that a valid marriage has come to an end Varies from state to state The process may be contested by the parties, or they may agree to the divorce

Grounds for Divorce Adultery When one spouse has sexual relations with someone outside of the marriage Cruelty Personal violence that endangered his or her life or health

Grounds for Divorce Alcohol or Drug Addiction Must be confirmed, persistent, voluntary, and excessive Non-support When one spouse can show the other had the ability to provide economic support but willfully failed to do so. Can also be shown if one spouse is convicted of a felony or imprisonment for a certain number of years after a marriage occurs

Grounds for Divorce: Desertion Desertion Abandonment for a period of at least 1 year Most states require that the defendant or respondent left home for a year or more; that the parties failed to agree about the departure; that plaintiff or petitioner failed to pay support; and that the departure was not caused by the plaintiff or petitioner. The length of time of the abandonment varies from state to state, but usually it is a year or more. But reconciliations -- when the party who left returns only to depart again -- resets the clock.

No-Fault Divorce AKA Dissolution Divorce granted without either party having to prove the other party guilty of misconduct Almost all states have no-fault divorce laws Tried to make it work… but it didn’t Divorce in Illinois

Settlement Alimony Allowance for support paid to one person by the former spouse in a divorce Person who is at fault will NOT receive payment Age, income, and financial resources are considered in determining alimony payments Software is used to make alimony calculations

Settlement Child Custody and Support Most states divide custody into 2 parts: Legal Custody – Parents make major decisions about child’s health, education, and welfare Physical Custody- Which parent the child will live with Federal and State income tax can be garnished to pay for child support (if person fails to pay)

Marital Property Community Property Jurisdiction Property accumulated during marriage is considered equally owned by both spouses Each spouse is entitled to one-half interest in property acquired during marriage