Section 31.2

1. Section 31.2

2. What You’ll Learn • How to describe the marriage laws in your state with regard to age requirements, ceremony, medical exams, and license (pp. 681-686)

3. What You’ll Learn • How to differentiate between a common-law marriage and a ceremonial marriage (pp. 681-683)

4. Why It’s Important Understanding the various marriage laws will make you better prepared when the time comes to choose a spouse.

5. Legal Terms • common-law marriage (p. 681) • solemnize (p. 683) • marriage license (p. 685) • proxy marriage (p. 687)

6. Section Outline The Requirements of Marriage Age Requirements Common-Law Marriage Ceremonial Marriage Covenant Marriage

7. Section Outline The Requirements of Marriage, continued Marriage License Waiting Period Blood Test/Physical Examination Proxy Marriage Use of Various Names

8. Pre-Learning Question What do you think are some of the legal requirements for marriage?

9. The Requirements of Marriage Each state has its own laws regulating marriage, but most state laws address the following issues: • Age • Type of marriage • License

10. The Requirements of Marriage • Waiting period • Blood test/physical exam

11. Age Requirements With exceptions in Mississippi and Nebraska, you can be married at age 18 without your parent’s consent. You can be married at a younger age if a parent or guardian gives permission.

12. Common-Law Marriage In England, under the common law, people did not need to have a formal ceremony to bind them in wedlock. Instead they only had to agree between themselves that they were married.

13. Common-Law Marriage No witnesses were required, and the agreement could be either oral or written. This informal type of marriage, called a common-law marriage, came to America with the early colonists.

14. Common-Law Marriage Today, 11 states and the District of Columbia still recognize common-law marriages.

15. Common-Law Marriage With a few exceptions, the states that recognize the common-law marriage require the following elements:

16. Common-Law Elements • The parties must agree, by words in the present tense, that they are husband and wife. • The parties must cohabit, or live together for a certain time period.

17. Common-Law Elements The parties must represent themselves as being husband and wife so that the public recognizes their marital status.

18. Common-Law Elements This representation may be accomplished by actions such as introducing your partner as your spouse, and by sharing a joint bank account.

19. Ceremonial Marriage From early colonial times, a marriage ceremony could only be officiated by a cleric or magistrate. Today, most states still require some kind of ceremony or other serious rite to solemnize marriage.

20. Ceremonial Marriage As long as the parties declare that they take each other as husband and wife in the presence of a person authorized by state law to solemnize marriages, no particular form must be followed.

21. Covenant Marriage The covenant marriage, adopted in Arkansas, Arizona, and Louisiana, is an attempt to reduce divorce and protect children.

22. Covenant Marriage The parties to a covenant marriage must undergo counseling before the wedding and during the marriage to solve conflicts. Couples can divorce only after a two-year separation.

23. Marriage License A marriage license is a certificate issued by a government office that gives permission to two people to marry.

24. Marriage License Once issued, the license becomes effective after any waiting period required by state law but expires if the couple doesn’t marry within that time period.

25. Waiting Period Today, most states have a waiting period before a license is issued. This gives both the man and woman time to reconsider their decision.

26. Blood Test/Physical Examination Some states require a blood test or physical examination before a marriage license is issued.

27. Blood Test/Physical Examination These tests may screen prospective spouses for • AIDS • Venereal disease • Sickle cell anemia • Rubella • Infectious tuberculosis

28. Proxy Marriage In a proxy marriage, one or both of the parties can’t be present for the wedding, and an agent acts on their behalf. Such a marriage, which is allowed in some states, still requires a ceremony.

29. Proxy Marriage The Uniform Marriage and Divorce Act provides that a person who can’t come to the solemnization of his or her marriage may authorize, in writing, a third person to act as proxy.

30. Use of Various Names Under common law, people may use any name provided they do not do so to commit fraud. A wife does not have to adopt her husband’s surname (last name), for example.

31. If Maria and Eddie meet at St. Joseph’s Cathedral to exchange wedding vows in front of 200 guests, what type of marriage are they demonstrating?

32. ANSWER Ceremonial

33. If Maria and Eddie agree to undergo counseling before their wedding and during their marriage, why type of marriage are they demonstrating?

34. ANSWER Covenant

35. If Maria and Eddie live together for six years and have a joint checking account for Mr. and Mrs. Eduardo Perez, what type of marriage are they demonstrating?

36. ANSWER Common-law

37. Section 31.2Assessment Reviewing What You Learned • Under today’s law, at what age may a person in most states marry without parental consent?

38. Section 31.2Assessment Reviewing What You Learned Answer Age 18.

39. Section 31.2Assessment Reviewing What You Learned • What is the difference between a common-law marriage and a ceremonial marriage?

40. Section 31.2Assessment Reviewing What You Learned Answer A common-law marriage is an informal type of marriage requiring no ceremony. The parties must agree that they are husband and wife, they must cohabit, and must present themselves to the public as being husband and wife.

41. Section 31.2Assessment Reviewing What You Learned Answer 11 states and the District of Columbia recognize common-law marriages. A ceremonial marriage is required by most states to solemnize marriage.

42. Section 31.2Assessment Reviewing What You Learned Answer No particular form of marriage ceremony is required, as long as the parties declare in the presence of a person who has authority by state law to solemnize marriages that they take each other as husband and wife.

43. Section 31.2Assessment Critical Thinking Activity Surnames Are there any reasons why a husband and wife having different surnames would be impractical? Explain your answer.

44. Section 31.2Assessment Critical Thinking Activity Answer Surnames Answers may vary, but some may address the issue of children and their last names.

45. Section 31.2Assessment Legal Skills in Action Marriage Laws Using a software program, design a table of the marriage laws you need to consider before getting married. Do your best to include all the laws discussed in this chapter.

46. Section 31.2Assessment Legal Skills in Action Answer Marriage Laws Tables will vary, but may address your particular state laws.

47. End of Section 31.2