II. Marriage relationship

Question 1

Rights and responsibilities of spouses

Answer 1

1. Individual rights - legal disabilties eliminated
2. Property - each spouse control her own property
3. Support - each spoouse have obligation to support other during marriage. one spouse liable for necessaries purchased by other spouse
4. Name change not required
5. Suit btwn spouses - most states abolished interspousal immunity
6. Marital rape - most state removed marital exception for rape laws
7. Spousal abuse and protective orders - 50 states allow battered spouse to seek “stay away” protective orders

Question 2

Family privacy

Answer 2

1. Constitutional privacy - gov regulation invalid unless necessary to a compelling gov interest
   
   1. right to marry
   2. right to procreate
   3. contraceptives
   4. abortion
   5. right of related persons to live together
   6. right of parents to educate children
   7. right of parents to decide issues concerning care, custody, and control of children
2. H-W evidentiary privilege - married person cannot be compelled to testify against spouse in criminal proceeding.
   
   1. only during valid marriage

Question 3

Tortious interference with marital relationship

Answer 3

1. Alienantion of affections - If 3d person diverts affection on of one spouse, deprived spouse has COA for alienation of affections against 3rd person. Abolished in mose states
2. Criminal conversation - when one spouse has sexual relations w 3rd person, other spouse has COA against 3rd person
3. Negligent interference w consortium/services - in most states, either spouse may maintain action for loss of other’s consortium due to injury from D’s negligence