Marriage Law

Marriage is a legal status in which two people are joined in the eyes of the law. It normally involves a couple getting a marriage license and exchanging vows in a ceremony performed by a sanctioned official. A couple that gets married gains several rights. These rights include certain favored tax status, property rights, and the ability to make decisions for their spouse when they are ill.

The legal requirements for marriage can depend on state law. For more information about your legal rights and options for marriage, talk to an experienced family law lawyer.

Traditional Marriage

Marriage is a specific area of family law. States have regulated marriage laws for hundreds of years. Before 1967, interracial marriage was illegal in many states. In 1996, Congress passed the Defense of Marriage Act, which prohibited marriages between people of the same gender.

Same-sex marriage has only been legal nationwide since 2015. In 2015, the U.S. Supreme Court ruled that prohibiting marriages between couples on the basis of their genders was unconstitutional. The Obergefell v. Hodges decision effectively overturned all prohibitions against same-sex marriage. It granted many same-sex couples the right to marry for the first time.

Before legalizing same-sex marriage, many states offered civil unions or domestic partnerships. This gave couples health care benefits, inheritance, and other legal rights typically limited to opposite-sex couples. However, since legal same-sex marriage, fewer couples are using domestic partnerships.

Legal Requirements for Marriage

There are only a few legal requirements to get married. Generally, a valid marriage needs a marriage license issued to two people of legal age. In most states, the minimum age is 18. However, some states allow minors to get married at 16 years of age or younger with parental consent.

A marriage license is generally issued by the state or county clerk. Spouses may need to show their driver’s license or proof of identification. Both spouses and the officiant have to sign the marriage certificate. There’s also a fee for the marriage license.

Common Law Marriage

Some states will recognize unions between couples who don’t get a license or go through a marriage ceremony. This is a common-law marriage. Common law marriage is still valid in several states, including:

• Colorado
• District of Columbia
• Iowa
• Kansas
• Montana
• Oklahoma
• Rhode Island
• Texas

In states that do recognize common law marriage, common law spouses enjoy the same rights as spouses in other married couples. If their relationship dissolves, a couple in a common-law marriage will likely have to go through a divorce or dissolution procedure.

Most states that recognize common law marriage hold similar requirements for couples:

• Both people must meet the state’s age of consent
• Neither person can already be married
• The couple should live in cohabitation
• The couple represents themselves as married

Marital Agreements

Before marrying, some couples choose to have prenuptial agreements. Prenups are legal contracts concerning property rights and duties during and after the marriage. Topics covered in a prenuptial agreement might include:

• How to handle finances during the marriage
• How to divide property in a divorce
• Who is responsible for what debts
• How property will be passed down if a spouse dies
• How to settle any future disagreements

It’s important to note, however, that a prenuptial agreement can’t include some topics. Child support and child custody agreements generally aren’t enforced as part of prenups. Prenuptial agreements may also not contain provisions that violate public policy. A court can also void a prenup if it finds that one spouse was coerced or forced into signing it.

Already married couples can consider drafting a postnuptial agreement. A postnuptial agreement covers similar topics to those in a prenuptial agreement. It can often help ease marriage tensions caused by uncertainty about finances. In drafting either a prenuptial or postnuptial agreement, it’s generally a good idea for each spouse to have their own lawyer to look out for their interests.

Annulments

An annulment is an invalid marriage. Generally, married couples can’t get an annulment without evidence the validity of the marriage is in question. For example, if one spouse is already married, a new marriage without a divorce would not be valid. The spouse could annul the marriage because the other spouse could not legally get married while they have another spouse.

Other grounds for annulment include fraud, incapacity, or duress.

Marriage and Divorce Laws

A couple that no longer wants to be legally married can get a divorce. Divorce will end the marital relationship. Divorce laws can involve many other legal issues, including:

• Property division
• Child custody and visitation
• Child support
• Alimony or spousal support

If the married couple can agree on the separation, they can sign a divorce agreement to settle property and child custody issues. If there are disputes, the couple may need to go to a divorce court to have a judge decide on divorce issues.

Marriage Law Lawyers

An experienced family lawyer can explain your legal marriage options and offer legal advice. A marriage lawyer can help with marriage law questions, prenuptial agreements, and legal divorce. Contact an experienced family law lawyer for answers to your legal questions.