Getting Married

Question 1

What constitutional test applies to the minimum age to marry?

Answer 1

Rational basis test.

Question 2

What is the minimum age to marry?

Answer 2

18 in the absence of parental consent

Question 3

What is the waiting period?

Answer 3

Most jurisdictions require a waiting period between the granting of the marriage certificate and the marriage ceremony.

Question 4

When will a marriage license not be issued?

Answer 4

1. One of the parties is already married.
2. The parties are too closely related as defined by the statute.
3. The marriage is a sham.
4. Parties are incapable of understanding the nature of the act.
5. Parties are under the influence at the time the certificate is sought.

Question 5

Elements for Common Law Marriage

Answer 5

1. Cohabit.
2. Hold selves out as married.
3. Agree they are married.
4. Mental capacity
5. Intent shown by present tense words