Section 31.

2
Marriage Laws

Section 31.2 Marriage Laws

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

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Section 31.2 Marriage Laws

What Youll Learn
How to differentiate between a commonlaw marriage and a ceremonial marriage
(pp. 681-683)

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Section 31.2 Marriage Laws

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

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Section 31.2 Marriage Laws

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

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Section 31.2 Marriage Laws

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

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

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

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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
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The Requirements of Marriage

waiting period
blood test/physical exam

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Age Requirements
With exceptions in Mississippi and
Nebraska, you can be married at age
18 without your parents consent.
You can be married at a younger age
if a parent or guardian gives
permission.
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Section 31.2 Marriage Laws

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

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

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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.

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Section 31.2 Marriage Laws

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

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Section 31.2 Marriage Laws

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.

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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 right
to solemnize marriage.
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Section 31.2 Marriage Laws

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.
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Section 31.2 Marriage Laws

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

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Section 31.2 Marriage Laws

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 twoyear separation.
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Section 31.2 Marriage Laws

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

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Marriage License
Once issued, the license becomes
effective after any waiting period
required by state law but expires if the
couple doesnt marry within that time
period.

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Section 31.2 Marriage Laws

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.

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Section 31.2 Marriage Laws

Blood Test/Physical Examination

Some states require a blood test or
physical examination before a
marriage license is issued.

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Section 31.2 Marriage Laws

Blood Test/Physical Examination

These tests may screen prospective
spouses for
AIDS
venereal disease
sickle cell anemia
rubella
infectious tuberculosis
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Section 31.2 Marriage Laws

Proxy Marriage
In a proxy marriage, one or both of
the parties cant 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.
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Section 31.2 Marriage Laws

Proxy Marriage
The Uniform Marriage and Divorce Act
provides that a person who cant
come to the solemnization of his or
her marriage may authorize, in writing,
a third person to act as proxy.

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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 husbands surname (last
name), for example.

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If Maria and Eddie meet at St.

Josephs Cathedral to exchange
wedding vows in front of 200 guests,
what type of marriage are they
demonstrating?
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ANSWER
Ceremonial

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If Maria and Eddie agree to undergo

counseling before their wedding and
during their marriage, why type of
marriage are they demonstrating?

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ANSWER
Covenant

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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?
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ANSWER
Common-law

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Section 31.2 Assessment

Reviewing What You Learned

1. Under todays law, at what age may
a person in most states marry
without parental consent?

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Section 31.2 Assessment

Reviewing What You Learned

Answer
Age 18.

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Section 31.2 Assessment

Reviewing What You Learned

2. What is the difference between a
common-law marriage and a
ceremonial marriage?

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Section 31.2 Assessment

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.
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Section 31.2 Marriage Laws

Section 31.2 Assessment

Reviewing What You Learned

Answer

Eleven states and the District of Columbia

recognize common-law marriages. A
ceremonial marriage is required by most
states to solemnize marriage.

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Section 31.2 Marriage Laws

Section 31.2 Assessment

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.
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Section 31.2 Assessment

Critical Thinking Activity

Surnames
Are there any reasons why a husband and
wife having different surnames would be
impractical? Explain your answer.

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Section 31.2 Assessment

Critical Thinking Activity Answer

Surnames
Answers may vary, but some may address
the issue of children and their last names.

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Section 31.2 Assessment

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.
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Section 31.2 Marriage Laws

Section 31.2 Assessment

Legal Skills in Action Answer

Marriage Laws
Tables will vary but may address your
particular state laws.

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End of Section 31.2

Marriage Laws