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American marriage law
In the United States, a marriage is a contract. However, unlike an ordinary contract, consent of the state is required to dissolve or modify a marriage contract.
Jurisdiction
The terms and obligations of a marriage contract are governed by state laws.
Marriage requirements
3 are the requirements for marriage:
1. Capacity
- state of mind
- age (in most jurisdictions, parental consent is needed if a party is under 18)
- no bigamy (only 2 parties allowed)
- no incest
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; most states require 3 days after waiting after the marriage license. A witness is needed.
Types of marriages
There are 4 types of marriages that are of concern to American lawyers:
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.
2. Putative marriage: this protects an under-age or bigamous marriage in favor of the unaware spouse. This marriage requires (1) good faith of the unknowing spouse, (2) a marriage ceremony, & (3) co-habitation of the spouses.
3. Proxy marriage: an agent (proxy) attends the marriage ceremony on behalf of 1 or both spouses.
4. Same-sex marriage
UMDA
No-fault divorce was not an option for divorcing couples until the Uniform Marriage Divorce Act (UMDA, 1970).