Ch 1: Getting Married Flashcards
(20 cards)
What is required for a marriage to be valid?
A marriage is valid if there is a license and a solemnization of the marriage.
What are the two types of marriage recognized by law?
- Ceremonial (or statutory) marriage
- Common-law marriage
What is the minimum age requirement for marriage in most states without parental consent?
At least 18 years old
What may allow individuals under 18 to marry?
Parental consent and/or judicial approval
What is a common requirement imposed by many states before issuing a marriage license?
A waiting period between the application and issuance of the license or between the issuance and ceremony.
What kind of medical testing may some states require before marriage?
Premarital medical testing, which may include health certificates or blood tests for certain diseases.
True or False: A state can condition the issuance of a marriage license on test results.
False
When will a marriage license not be issued?
- One party is married to someone else
- The parties are too closely related
- The marriage is a sham
- The parties lack understanding of the act
Can same-sex couples marry in all states?
Yes
What must be present during the solemnization of a marriage?
At least two witnesses
What is a common-law marriage?
A marriage defined by the agreement to be married, cohabitation, and holding themselves out as married without a ceremony or license.
What is necessary for a common-law marriage to be valid?
Neither party can be married to someone else at the time.
How do most states treat common-law marriages?
Most states have abolished common-law marriages.
What does the Full Faith and Credit Clause require regarding common-law marriages?
States that have abolished common-law marriages must recognize those entered into in jurisdictions that permit them.
What must parties demonstrate to establish intent for a common-law marriage?
Evidence of present-tense words indicating the intent to enter into a marriage.
What is a heartbalm action?
A civil suit for money damages based on the damage to the jilted party’s reputation when an engagement is broken.
What types of actions are included in heartbalm actions?
- Breach of promise to marry
- Seduction
- Alienation of affection
- Criminal conversation
- Jactitation of marriage
True or False: Heartbalm actions are still permissible in most jurisdictions.
False
What obligation do spouses have towards each other?
An obligation to support one another.
Under what circumstances will courts typically refuse to resolve disputes between spouses?
Unless and until the parties separate.
