Two people can contract to share life {marriage}.
state
Marriage is a contract that people cannot terminate at will. Only states or death can end marriage contracts. All states recognize marriage in other states, if it was legal in state where it happened.
purposes
Marriage is for family, sex, and security.
process to marry
First, go to county or city courthouse to get necessary documents. You may have to take a form to a doctor for a blood test for sexually transmitted disease and return several days later to get form. Take documents and two witnesses to justice of the peace, judge, or minister, who will perform the ceremony in five minutes and issue a marriage license. Documents are sent to county or state records office. For church weddings, a minister performs ceremony using church ritual and sends documents.
personal property
In most states, property acquired by spouse remains his or hers. In some states, spouses share community property, but spouses can acquire separate property by gift or inheritance. Property owned before marriage remains separately owned, as is all income derived from that property. Either before or after marriage, people can agree {marriage settlement} about property rights over previously owned or acquired property.
rights
In the past, husband and wife were legally one person, and wife had no property rights. Now, wife can own property, make contracts, sue, and conduct her own business. Husband owns household goods, except those suited for use only by wife.
Husband chooses residence location. Husband and wife {tenants by the entirety} {joint tenant} both own the whole of real estate, not each half the property. Both must consent to transfers of interest in real property. If one dies, the other then owns whole real property. Creditors that use joint real property as security for debts of husband or wife have no claim to joint real property if person dies.
households
Under common law, husband leads household {head of household} and has a duty to support wife and children. Husband duties include providing life necessities.
This leads to a rule {doctrine of necessaries} {necessaries doctrine}. Wives can purchase and charge to husband necessities, without his consent or knowledge. Many states include medical care, dental care, household furniture, supplies, and legal services under necessities. For luxuries, wife needs apparent or actual authorization by husband.
Wife must render free service to husband. If wife wishes to separate, husband does not have to support wife. Husband can sue for loss of his wife's services if another person injures her.
Having more than one spouse {bigamy}| is a felony.
In some states, spouses share property {community property}| acquired by work of either. Community-property states are California, Texas, Arizona, Idaho, Nevada, Louisiana, New Mexico, and Washington.
married-woman common-law status {coverture}.
and wife {et ux}.
Documents {marriage certificate} can state marriage place and date.
Most states have laws requiring parents to support {parental support} children who are unable to physically or financially care for themselves. States can require payment even if parent is in a state institution.
Many states allow divorce {divorce} if only one person claims irreconcilable differences {no-fault divorce}. Other states require long procedures, with a waiting period. Documents are for divorce, property disposal, custody agreement, and court appearance. In states with community property, each party receives property part, sometimes attaching husband's part to insure alimony or child-support payments.
divorce {a vinculo}.
Irregularities at marriage can cause courts to decree that marriages were never valid {annulment}|.
Marriage can end by complete end to matrimony {dissolved marriage} {dissolution, marriage}.
Marriage can end by limited divorce or marriage suspension {separation, legal}| {legal separation} {judicial separation}, in which husband must still provide for wife, but otherwise both are legally separate by agreement. Both spouses can agree to live apart {voluntary separation}, with support for wife and children and child custody. If either person fails to perform separation-agreement terms, it is like contract breach.
legal separation {a mensa et thoro}.
Courts can require payments {alimony}| by husband for separate maintenance of wife, after court grants divorce or separation, after voluntary separation, or after court order to support wife. Courts usually order temporary alimony while hearing divorce cases. Failure to pay makes husband in contempt of court and can lead to imprisonment.
amount
Alimony can be a percentage of husband's income or a lump sum to pay once or in installments.
termination
Alimony payments end if wife dies or remarries.
Rather than using lawyers or courts, to get a divorce, you can write a settlement document {marital separation agreement}|. It includes child custody, child support, and amount to pay to spouse {spousal support}. It includes standard paragraphs about disputes.
property list and who gets what {property settlement}|.
Parents must support their children after divorce {child support}, to maintain child's standard of living. Courts have power to award custody and control during and after divorce, separation, or annulment proceedings. The father got custody under common law, but now the mother typically receives custody, unless she is unfit or both agree on joint custody. Many courts award children to the innocent party, in cases involving wrongdoing.
Children stay with each parent at times {custody, children}| {child custody}.
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Date Modified: 2022.0225