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| 1. Capacity | | 1. Capacity |
| **state of mind | | **state of mind |
| **age (in most jurisdictions, parental consent is needed if a party is under 18) | | **age |
| **no bigamy (only 2 parties allowed) | | **no bigamy (only 2 parties allowed) |
| **no incest
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| | 2. a marriage license |
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| 2. a marriage license from the county clerk; this is granted in a local court; in most states, you cannot wait over 180 days for the ceremony requirement.
| | 3. a ceremony |
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| 3. a ceremony; most states require 3 days after waiting after the marriage license. A witness is needed.
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| == Types of marriages ==
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| There are 4 types of marriages that are of concern to American lawyers:
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| 1. Common law marriage: based on mutual consent of 2 parties without a ceremony or witness. The evidence for this marriage is long-term co-habitation of the couple.
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| 2. Putative marriage: this protects an under-age or bigamous marriage in favor of the [https://www.law.cornell.edu/wex/putative_spouse_doctrine unaware spouse]. This marriage requires (1) good faith of the unknowing spouse, (2) a marriage ceremony, & (3) co-habitation of the spouses.
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| 3. Proxy marriage: an agent (proxy) attends the marriage ceremony on behalf of 1 or both spouses.
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| 4. Same-sex marriage
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| == UMDA ==
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| '''No-fault divorce''' was not an option for divorcing couples until the Uniform Marriage Divorce Act ('''UMDA''', 1970).
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| Section 402 of that UMDA states: "The court shall determine custody in accordance with the <span style="background:yellow">best interest of the child</span>."<ref>https://repository.law.umich.edu/mlr/vol89/iss8/6/#:~:text</ref>
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| ==References==
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| {{Reflist}}
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