Marriage

Question 1

What are the 2 types of marriages?

Answer 1

1. Ceremonial; and

2. Common-law marriage

Question 2

What are the two requirements for Ceremonial marriage?

Answer 2

License and Solemnization

Question 3

What is the requirement for solemnization?

Answer 3

Ceremony must be performed in front of 2 or more witnesses AND the officiant

Question 4

What are the 3 license requirements in a ceremonial marriage?

Answer 4

1. Capacity
2. Consent
3. Compliance

Question 5

What is the waiting period between the date of application and the issuance of a marriage license?

Answer 5

3 days

Question 6

How long do you have between obtaining a license and solemnization?

Answer 6

33 days

Question 7

Is medical testing required in Michigan?

Answer 7

No

Question 8

Pursuant to Michigan law, what must parties receive in written materials regarding medical conditions?

Answer 8

Veneral diseases and HIV

Question 9

What are the 6 circumstances where a marriage license will not be issued?

Answer 9

1. One party is married to someone else;
2. The parties are too closely related;
3. The marriage is a sham;
4. The parties are incapable of understanding the nature of the act;
5. One or both parties is under the influence of drugs/alcohol; or
6. A party lacks consent due to duress or fraud

Question 10

What are the 3 requirements for Common-law Marriage?

Answer 10

1. Parties agree they are married;
2. Parties cohabit as married spouses; and
3. Parties hold themselves out to the public as married

Question 11

Are Common-law Marriages recognized in Michigan?

Answer 11

No unless contracted before abolishment in 1957

Question 12

Will Michigan recognize a common-law marriage that is valid under the law of a different state?

Answer 12

Yes

Question 13

Does Michigan recognize a Heart balm action?

Answer 13

No

Question 14

Annulment

Answer 14

Voids a marriage and declares it as having never been valid

Question 15

Difference between void marriage and voidable marriage?

Answer 15

1. Void= treated as if the marriage never happened

2. Voidable= valid until a judicial decree dissolves the marriage

Question 16

What are the 3 grounds for a void marriage?

Answer 16

1. Prior existing marriage at the time of the subsequent marriage;
2. Incest; and
3. Mental incapacity

Question 17

What are Michigan’s rules on incest marriage?

Answer 17

Void up to two generations and between first cousins

Question 18

What are grounds for a voidable marriage?

Answer 18

Age, impotence, intoxication, fraud, duress, coercion, etc.

Question 19

May a party request equitable distribution of property after the dissolution of an annulment?

Answer 19

Yes

Question 20

Is Michigan a No-Fault or Fault jurisdiction for Divorce?

Answer 20

No Fault

Question 21

No-Fault Marriage

Answer 21

Marriage is irretrievably broken and no prospect for reconciliation - NO requirement for a reason to divorce

Question 22

What is the requirement for a divorce in Michigan?

Answer 22

One party must have resided in MI for 180 days immediately preceding the filing of the complaint

Question 23

How is property divided after a divorce?

Answer 23

By equitable distribution

Question 24

Equitable Distribution

Answer 24

Fair distribution of marital property

Question 25

What is marital property?

Answer 25

All property acquired during or by reason of the marriage

Question 26

Is title to the property material in equitable division?

Answer 26

No

Question 27

If an account is actively managed, how is it treated in the division of marital property?

Answer 27

The appreciation in interest and of the marital home is divided

Question 28

What 6 things AREN'T marital property?

Answer 28

1. Property acquired before the marriage; 2. Property excluded by the parties' valid agreement; 3. Property acquired by gift or inheritance; 4. Property sold/granted/conveyed in good faith and for value before the date of separation; 5. Property mortgaged/encumbered in good faith and for value before the date of separation; and 6. Any award/settlement accrued before the marriage

Question 29

Is a gift exchanged between spouse considered non-marital property?

Answer 29

No

Question 30

What are some factors considered in the distribution of marital property?

Answer 30

Length of marriage; prior marriages; age; health; earnings; needs; contributions to education; medical needs; income; circumstances

Question 31

Is a professional license or degree considered marital property?

Answer 31

Yes

Question 32

Are retirement benefits considered marital property?

Answer 32

Yes if acquired during the marriage

Question 33

Are future interests considered marital property?

Answer 33

No

Question 34

Are social security benefits marital property?

Answer 34

No

Question 35

Can you tax transfer of property between divorcing spouses?

Answer 35

No