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Overview
of Marriage
Marriage is a legally sanctioned contract
between a man and a woman. Entering a marriage contract changes
the legal status of both parties, giving husband and wife new
rights and obligations.
Individuals who seek to alter marital
rights and duties are permitted to do so only within legally
prescribed limits. Pre-marital agreements are entered into
before marriage, in contemplation of the marriage relationship.
Typically these agreements deal with property rights and the
terms that will be in force if a couple's marriage ends in
divorce.
In the United States, marriage is
regulated by the states. At one time most states recognized
common-law marriage, which is entered into by agreement of the
parties to be husband and wife. Most states have abolished
common-law marriage, in large part because of the legal
complications that arose concerning property and inheritance.
The idea that marriage is the union of one
male and one female has been thought to be so basic that it is
not ordinarily specifically expressed by statute. This
traditional principle has been challenged by gays and lesbians
who, until recently, have unsuccessfully sought to legalize
their relationships.
Each state has its own individual
requirements concerning who can marry. Before a state will issue
a marriage license, a man and a woman must meet certain
criteria. Some states prohibit marriage for those judged
mentally ill or mentally retarded. In other states, however, a
judge may grant permission to mentally retarded persons to
marry.
Every state proscribes marriage between
close relatives on the basis of the social taboo of incest. The
prohibited degree of relationship is fixed by state law. Every
state forbids marriage to a child or grandchild, parent or
grandparent, uncle or aunt, and niece or nephew, including
illegitimate relatives and relatives of half blood, such as a
half brother who has the same father but a different mother. A
number of states also prohibit marriage to a first cousin, and
some forbid marriage to a more distant relative, in-law,
stepparent, or stepchild.
Age is an additional requirement. Every
jurisdiction mandates that a man and a woman must be old enough
to wed. Modern statutes ordinarily provide that females may
marry at age sixteen and males at age eighteen.
Every couple that wishes to marry must
comply with a state's formal requirements. Many states require a
blood test or a blood test and physical examination before
marriage to show whether one party is infected with a venereal
disease.
Most states impose a waiting period
between the filing of an application for a license and its
issuance. The period is usually three days, but in some states
the period may reach five days.
Once a license is issued, the states
require that the marriage commence with a wedding ceremony. The
ceremony may either be civil or religious because states cannot
require religious observances. Ceremonial requirements are very
simple and basic to accommodate everyone. In some states nothing
more is required than a declaration by each party in the
presence of an authorized person and one additional witness that
he or she takes the other in marriage.
Article
on the Legal Effects of Marriage
Another Article on the Legal Effects of Marriage
Marriage
Requirements
How to Obtain Birth, Death and Marriage Certificates
Common
Law Marriage
Premarital
Agreements
Same
Sex Marriage and Domestic Partnership
Domestic Partnership Benefits
Living
Together Contracts
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