At common law, a marriage was created as the result of a voluntary agreement between a man and a woman to become husband and wife, without the necessity of certification by the church or the state.
Today, marriage law attorney staten island is usually regulated by nations or states, with rights and duties imposed by statute.
At present, most jurisdictions will permit marriage only between a man and a woman, and will not permit either to have multiple spouses. A legal marriage can be ended by death, divorce, or annulment.
Before You Get Married
Before you set your wedding date, it is important to learn the requirements for getting married in your jurisdiction. Usually the requirements will be made clear to you when you apply for a marriage license attorney staten island. Possible issues that may arise include:
•Blood Tests - some jurisdictions require blood tests for common sexually transmitted disease, before they will issue a marriage license;
•Pre-Marital Counseling - some jurisdictions mandate attendance at a counseling session, or a video presentation, meant to introduce some of the issues that a newly married couple might face, or counsel on avoidance of sexually transmitted disease;
•Age Requirements - if one or both would-be spouses are minors, it may be necessary to obtain parental permission before a marriage can proceed. If one or both would-be spouses are very young, typically below the age of 16, it may be necessary to also obtain approval from a judge. Typically, the marriage of a minor has the same effect as legal emancipation.
•Prohibited Marriage - almost all jurisdictions restrict who can get married, so as to prevent unions between close relatives. Sometimes these laws also extend to in-laws and step-relatives. Similarly, western jurisdictions prohibit marriage where one spouse is already married - and will hold a marriage invalid even if that spouse mistakenly thought that a prior marriage had been ended by divorce or annulment.
•Marriage License - for formal marriage, a marriage license is required. There is usually a modest license fee.
•Certificate of Marriage - At the time of the wedding ceremony, the person who performs the ceremony will ordinarily complete a certificate of marriage attorney staten island, which is signed by witnesses to the marriage, and which is filed with the state to record the completion of the marriage. In some jurisdictions the certificate of marriage is incorporated into the marriage license.
Showing posts with label common law marriage. Show all posts
Showing posts with label common law marriage. Show all posts
Saturday, March 20, 2010
Tuesday, January 5, 2010
Common Law Marriages
Common law marriage is a marriage that results from the actions of a couple, despite the fact that they have not obtained a marriage license or fulfilled the requirements of a state's statutory marriage laws. This typically means that the couple has cohabitated for a period of time, usually a year or more, while having an agreement to be married and holding themselves out to the world as husband and wife.
Not every state permits common law marriages. For example, Michigan has elimated common law marriage by statute, and no period of cohabitation will result in marriage. At the same time, where a couple became married under the common law of a different state or country, their marriage is likely to be recognized even in a state such as Michigan. The "full faith and credit" rule of the U.S. Constitution ordinarily compels the recognition of a marriage made valid under the laws of a sister state.
As a result of the laws of different states, actions which can result in common law marriage in one state may not provide any legal rights or protections in another. While in one state, a common law spouse might be entitled to a share of the marital estate and even to spousal support, in a state which does not recognize common law marriage that person may not be able to lay claim to jointly acquired assets titled in their partner's name and won't be eligible for alimony or "palimony".
Similarly, if cohabitation does not result in common law marriage, one partner may not have any say in how the other partner is treated in the event of disability, may not even have a right to visit their partner in the hospital, and won't have any right to inherit unless expressly named in the partner's will or estate plan. You should also recall that if your common law spouse becomes disabled or dies, it will be up to you to prove the validity of your marriage if your spouse's family excludes you from medical decision-making or tries to exclude you from inheriting property. In short, it pays to know the laws in your state and that if you want your relationship with your partner to be officially recognized, to take the steps necessary to give legal effect to the relationship.
In states which recognize common law marriage, once the requirements have been met the marriage is typically treated in exactly the same manner as any other marriage. By the same token, a valid common law marriage must typically be ended through a formal divorce process. At present, approximately eleven states and the District of Columbia still recognize common law marriages.
Not every state permits common law marriages. For example, Michigan has elimated common law marriage by statute, and no period of cohabitation will result in marriage. At the same time, where a couple became married under the common law of a different state or country, their marriage is likely to be recognized even in a state such as Michigan. The "full faith and credit" rule of the U.S. Constitution ordinarily compels the recognition of a marriage made valid under the laws of a sister state.
As a result of the laws of different states, actions which can result in common law marriage in one state may not provide any legal rights or protections in another. While in one state, a common law spouse might be entitled to a share of the marital estate and even to spousal support, in a state which does not recognize common law marriage that person may not be able to lay claim to jointly acquired assets titled in their partner's name and won't be eligible for alimony or "palimony".
Similarly, if cohabitation does not result in common law marriage, one partner may not have any say in how the other partner is treated in the event of disability, may not even have a right to visit their partner in the hospital, and won't have any right to inherit unless expressly named in the partner's will or estate plan. You should also recall that if your common law spouse becomes disabled or dies, it will be up to you to prove the validity of your marriage if your spouse's family excludes you from medical decision-making or tries to exclude you from inheriting property. In short, it pays to know the laws in your state and that if you want your relationship with your partner to be officially recognized, to take the steps necessary to give legal effect to the relationship.
In states which recognize common law marriage, once the requirements have been met the marriage is typically treated in exactly the same manner as any other marriage. By the same token, a valid common law marriage must typically be ended through a formal divorce process. At present, approximately eleven states and the District of Columbia still recognize common law marriages.
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