Marriage Law
Marriage-Law.com
March 25, 2011 | 
Author Finding real information on Marriage Laws
Marriage is the most beautiful event that is ever going to happen in one’s life. It signifies a union so strong that it can endure a lifetime of pains and troubles. If you are someone who is planning to get married in the US, it is important that you know about the marriage laws in the country. Each state in the US has its own requirements for a marriage to be conducted within its purview. So where do you get actual information about marriage laws in the state you live in? Marriage-Law.com is a website that caters to people like you who are planning to tie the knot.
Getting married is perhaps the most important decision you will take in your life. Marriage calls for a lot of preparations to be perfect; drawing up the guest list, choosing dresses for yourself and your partner and planning where to go on the honeymoon. As such, you wouldn’t like to be bogged down at the last minute by a certain detail in the marriage laws in your state you did not know about. Use Marriage-Law.com to understand the various legalities involved in a marriage. Here you will also have access to information on the various types of marriages allowed in USA, including Common Law Marriages and Civil Marriages. It also has information on international marriage laws and property laws as well.
Marriage-Law.com is truly a one- stop shop for all your marriage hurdles and doubts. Do browse it well.
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Common Law Marriage
A basic idea about Common law marriages
Common law marriages are permitted in a few states. As you must already be aware of, there are two kinds of marriages: statutory and common law. A legal marriage that is entered into under a state of law requires a marriage license and an exchange of vows before witnesses. Many people think that common law marriages mean living together; but that is far from fact. This article provides a few little-known facts about common law marriages.
Common marriage laws state that a marriage of the category can be considered valid only if the following points are met:
- Both the partners are at least of the minimum age required for a legal marriage.
- Both the partners hold themselves out to the public as husband and wife.
- Live together or cohabit for a certain period of time.
- The couple meets these requirements in a state where common law marriages are recognized.
State marriage law requires a proof that the couple has cohabited for a certain period of time. This time period may vary from state to state. But it will be wrong to suppose that cohabitation is the only requirement here. Some states do not have a set requirement for cohabitation. It is a good idea to check with an attorney.
“Holding out” is another important requirement that will prove the validity of a common law marriage. It requires oral testimony from the couple concerned that their community, friends and employers knew them as husband and wife; oral testimony from witnesses stating that they considered the couple as husband and wife and financial statements such as bank records, property deeds, income tax returns, leases, loan applications and other financial records that identify the couple as husband and wife.
Though most states in the United States of America have abolished common law marriages that were not created inside its borders under the Civil Marriage Law, it is a form of marriage that is recognized in states such as Alabama, Kansas, Montana, Colorado, Iowa, Rhode Island, Texas, South Carolina, and the District of Columbia. States such as Georgia, Idaho, Ohio, New Hampshire, Pennsylvania, Oklahoma, and Utah recognize this form of marriage under certain circumstances. For people who are contemplating this form of marriage, it would be a good idea to consult an attorney to know more. Full Faith and Credit Clause of the United States Constitution requires that all states validate and recognize common law marriages that were created in another state even of they themselves have abolished them.
There are various reason why more and more people are considering common law marriages instead of a simple live-together. Following are the most important:
- The right to worker’s compensation, death benefits, survivor Social Security benefits and survivor pension benefits.
- Right to the property that had been leased to a deceased partner.
- Right to share of property of deceased partner.
Common law marriage laws have become important in the law field because of the increasing number of people considering it.
Posted in Marriage Law | Tags: civil marriage law, common law marriage, common law marriage laws, common law marriages, common marriage law, state marriage law | Comments Closed
International Marriage Laws
A basic idea about International Marriage Laws
Knowledge of international marriage laws is important if you want to understand the very old institution of marriage. The legal union of two people is something that holds interest of people all around the world. Though different countries have different laws regarding marriage, the underlying notion that marriages are sacred is omnipresent. It is also a good idea to research the marriage laws of a country if you want to have a more specific view of their culture. This article throws light on the basic marriage laws of China, Mexico and Canada. International marriage laws have some common principles though their appearance may vary a lot.
China: In ancient times, it was common for a man to have multiple wives. But since the year 1950, the Chinese marriage law has made it unlawful and illegal to have more than one wife. Arranged marriages are still common in present China though a lot of young people choose their own spouses. But parental approval is still a must. The China Marriage Law suggests that a marriage will be considered invalid if either party is a bigamist, if either party has a disease that is considered as being rendering the person having it unfit for marriage, if the parties are in such a kinship that is not permitted by law or if either party is not of the legitimate age to get married.
Mexico: Mexico marriage law prevents people below the age of 18 years to marry without parental consent. Wit parental consent, girls over the age of 14 and boys over the age of 16 can get married legally. For people who are not residents of Mexico, a valid passport and a Tourist card or Visa is necessary. Some states will require a copy of the birth certificates of the couple. Also, for a person who is not a Mexican citizen and wants to marry one, an authorization letter from the National Institute for Migration (Instituto Nacional de Migración) will be necessary. Mexico marriage laws also allow same-sex marriages in the state of Coahuuila and Mexico City.
Canada: Canadian marriage laws allow the civil marriage of people who are above the age of 18 years. People who are below the age of 18 and above the age of 16 years may get married but they should have parental consent under the marriage laws of Canada. A male minor who is under the age of 16, may not get married in Canada under any circumstances. But it may be possible for a girl below the age of 16 to get married if it can be proven that she is pregnant or is the mother of a living child. Canada marriage laws allow the legal union of same-sex couples and cousins by birth. Common law marriages though, are not recognized. People who want to marry in Canada may not necessarily be residents of the place, but the application must come from the couple together. Also widowed or divorced people need to provide the death certificate of spouse or Certificate of Divorce, whichever is applicable, to prove the annulment of their previous marriage.
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Child Support Law
Child support laws in the United States of America
Every marriage goes through difficult times, however not every couple can find out the solution to overcome the difficulties. The decision to separate is the extreme step that is taken by the couples. If there are no kids involved, then the separation procedure is comparatively less complex. However, there are children out of that wed lock or the union of two people of opposite sex, then the child’s custody and support are the key questions faced by the couples.
There are different child support laws and child custody laws in different states of the USA. There are different types of child custodies, namely legal custody, physical custody, joint custody and sole custody of the child. Depending upon the type of child custody granted by the court in the divorce decree, the parents get to stay with their kid/s or get only the visitation rights.
The parent who has been given the custody of the child is responsible for the safety of the child. Any kind of domestic violence towards kids may make the court change the decision of the child custody. Domestic violence by either party is one of the reasons for divorce, and then the court may decide about the child custody keeping in mind the child safety laws of that particular state.
In case of divorce, the divorced couple’s children need support. The court generally divides the kids’ basic requirements like food, clothing, shelter and education along with the other responsibilities and liabilities like health and medication between both the parents.
The parent, who is denied the child’s custody, has to provide support by paying the amount decided by the court depending upon the income of the person. The child support amount is flexible and the court can increase the amount with the changed requirements of the child considering increased or changed income of the paying parent. If the person disobeys the court’s orders and defaults payment for child support, the court can pass orders considering it as contempt of court as per the child family law of that state.
One can get detailed information and online help for family law child custody. You can get the basic information about family law child custody before seeking legal help. The child support laws are different from state to state, therefore it is important to know the laws of your state to avoid confusion.
With the increase in the cases of divorce, people in America are facing child support enforcement along with the child support law. As per the child family law, if the parent does not pay for the child support and the child and the paying parent stay in different states, then it is a federal crime and can attract imprisonment up to six months for the defaulting parent along with the financial penalty for the first offense. The second or further default may involve more imprisonment and increased monetary fines.
The child’s custody is an emotional issue in divorce, make sure you know the laws in your state properly.
Posted in Marriage Law | Tags: child custody law, child family law, child safety law, child support enforcement, child support law, family law child custody, new child support law | Comments Closed