Name: Criminal Justice/R. Rivera- 8 pts.

Chapter 29: Marriage

Name: Criminal Justice/R. Rivera- 8 pts.
Chapter 29: Marriage

II. Read chapter 29: section common law marriage and answer the following:

The Common-Law Marriage

Rick Schwartz and his girlfriend, Sarah Brown, live together in Montana, a state that
recognizes common-law marriage. They talk about having a wedding but never do.
They are in love and think it is simpler to tell people that they are married. They buy a
house together, open a joint bank account, and are known everywhere as Mr. and Mrs.
Schwartz. One day Sarah gets bored and leaves Rick. She soon finds a new boyfriend,
Dylan. Coming from a traditional background, Dylan insists that they get married before
living together.
Problem 29.3
a. What are the requirements of a common-law marriage?

b. Do Rick and Sarah have a valid common-law marriage? Why or why not?

c. Can Sarah marry Dylan? Will she have to divorce Rick first? Why or why not?

d. Should all states allow common-law marriage? Explain your reasons.

Answers:
________

a. Common-law marriage is created when two people agree to be married, hold

themselves out to the public as spouses, and live together as if married.

b. Rick and Sarah would have a valid common-law marriage since they talk about
being married, hold themselves out to the public as spouses, and live together.

c. Sarah and Rick must divorce legally before either may remarry, or they can be
charged with the crime of bigamy.

d. All states should allow common-law marriage since people are entitled or
should be entitled (have the freedom) to live as a married couple even if they are
not committed to be married completely.