Getting Married

Question 1

A valid marriage requires?

Answer 1

1. Consent from both parties;
2. Marriage License; and
3. a Ceremony (solemnized by a judicial officer or church)

Question 2

What is consent to marriage ?

Answer 2

It depends on the jurisdiction.

Some states > if the parties participate in a ceremony AND sought some benefits of marriage

Other states > if parties consented to the obligations of marriage

Question 3

What are the elements of Common Law Marriage?

Answer 3

C - Cohabitate for a specified amount of time
A - Present Agreement that they are married
C - Legal Capacity to get married
H - Hold themselves out as a married couple

A valid common law marriage creates rights/obligations IDENTICAL to a ceremonial marriage. Most states will honor a common law marriage validly obtained in another state.

Question 4

What is a bigamous marriage?

Answer 4

A person CANNOT be married to more than one person at the same time.

A marriage is not valid if entered into when one of the parties is still married.

Question 5

A bigamous marriage may be saved under …

Answer 5

1. Equity Doctrine > creates a strong presumption that the most recent marriage is valid (rebuttable if evidence shows first marriage was not dissolved); OR
2. UDMA > marriage may be validated upon removal of the impediment (earlier marriage is terminated)

Question 6

What is the Doctrine of Nonintervention?

Answer 6

After the parties are married, the Doctrine of Nonintervention does not allow a court to intervene in an ongoing intact marriage to resolve internal disputes about family support, finances, and expenditures.