Bell Ringer!!!!

Do you know the origin of the custom of using a ring as an engagement and marriage token?

› Answer: The circle of the ring represents eternity, a symbol that the agreement to marry will continue forever.

Marriage Laws

Business and Personal LawJanuary 9, 2012

AGENDA 01/09/2012

Direct Instruction/Notes 2 case Studies Group Debate (4 Scenarios) Marriage Law Quiz

Question for you!

Who thinks they might want to get married at some point in their life?

The laws governing marriage are important to everyone because these relationships can affect children, property and other contracts.

Marriage….. Marriage is not only a personal

relationship between two people. It is also a contract.

Marriage

Marriage changes a couple’s legal status and gives them certain rights and obligations

Marriage rights include the right to:

MARRIAGE RIGHTS

receive support from your spouse

file a joint tax returninherit your deceased spouse’s property

a fair share of property if the marriage endscompensation if the marriage ends

Obligations of marriage include the duty to:

be faithful to your spouse

not cause harm to your spouse

provide support to children from the marriage

State Marriage Laws

Each state has its own laws regarding the types of marriage it will recognize.

The most common types of marriage are:

ceremonial marriage

common-law marriage

Ceremonial Marriage

A ceremonial marriage is a formal marriage performed in the presence of a person authorized by law to conduct marriages.

Common Law MarriageA common-law marriage is a marriage created by agreement of the parties without a formal ceremony.

›Common-law marriages are recognized only by 11 states and the District of Columbia.

Marriage LawsSome marriages are prohibited by law, including:

bigamy polygamy consanguinity

Definitions

Bigamy is having two spouses at the same time.Polygamy is having more than two spouses at the same time.Consanguinity is having a spouse related by blood.

http://www.youtube.com/watch?v=pIteYji6t_g&safety_mode=true&persist_safety_mode=1&safe=active

http://www.youtube.com/watch?v=ZlJqT1JJCTs&safety_mode=true&persist_safety_mode=1&safe=active

Marriage Laws

There are several requirements necessary for a marriage to be legal, including:

age requirement

marriage license

waiting period

blood test/physical examination

Age Requirement?

In almost every state, one must be at least 18 years of age to legally marry.

›Minors can marry only with the consent of a parent or guardian.

License

A marriage license is a certificate from a government office granting legal permission to marry.

A common-law marriage does not require a marriage license.

DIVORCE

A divorce is a legal declaration by a court that a marriage has ended. The process for obtaining a divorce varies from state to state.

Divorce and Its Legal Consequences

Grounds for divorce include:

cruelty

desertion

nonsupport

adultery

Definitions

Adultery is when a spouse has sexual relations with someone outside the marriage.

Cruelty is physical or mental abuse of one’s spouse that endangers the spouse’s life. *To prove cruelty usually requires more than one act.

Definitions

Desertion is when a spouse leaves with no intent to return.

Nonsupport is when a spouse had the means to provide financial support but willfully failed to do so.

No Fault Divorce

Most states have a no-fault divorce law.A no-fault divorce is a divorce granted by agreement of the parties without one party proving the other party guilty of misconduct.

Divorce and Its Legal Consequences

There are three main issues in legally settling a divorce:

alimony

division of marital property

child support and custody

Alimony

Alimony is financial support paid by one spouse to the other based on his or her income and resources.

State law and judges decide how marital property will be divided. States are either:

community property states or

non-community property states

Definitions

In community property states, each spouse is entitled to one-half of the property acquired during the marriage.

In non-community property states, property is divided according to how much each spouse contributed to the marriage.

Children?

• Upon divorce, each parent has a right to custody of children born during the marriage. •Legal custody is a parent’s right to make major decisions about a child’s health, education, and welfare.•Physical custody deals with which parent a child will live.

Children?

Sole custody is when one parent is granted full custody rights.

Joint custody is when both parents share custody rights of a child.

Children?

Both parents have a duty to provide child support, regardless of which parent has custody.

Child support is based on each parent’s financial capacity and needs, and the needs of the child.

What to do?

2 case Studies Group Debate (4 Scenarios) Tying the Celebrity Knot Activity