Ceremonial Marriage-Need to be at least 16. If younger than 16, the court needs to decide if
marriage is in the best interest of the party.
-If younger than 18, you need consent of parent or legal guardian
- need a marriage license
-be free from any mental illness or defect
-have a member of the clergy solemnize marriage
Common Law Marriage
-Agree parties are married
-Live together
-Hold themselves out as being married
-be before 1/1/2005
-be free from any mental illness or defect
-both parties must intend to enter into marriage and must be
evidenced by words in the present tense.
-be 18 or older
Voidable MarriageAge- if either person was under 16 and they did not obtain permission
from the court to marry, the marriage is voidable. If parties were 16 or 17 and did
not have the parental consent or court approval, the marriage is voidable.
Annulment must be filed within the first 60 days of the marriage.
Impotence, Intoxication, fraud, duress, coercion or force.
FaultAdultery
Cruelty
Desertion
Bigamy- one party to marriage knowingly entered into a priorlegal
marriage
Imprisonment
Indignity-negative behavior toward the other, spouses life is
intolerable and life burdensome.
Defenses:
Recrimination- both parties commit wrongdoing
Connivance- consent of or participation in the marital wrong.
Condontation- Forgiveness
Collusion-both parties conspired to fabricate grounds for
divorce
Provocation- If misconduct was provoked by the moving
party.
InsanityConsent-Defense to desertion or adultery
Justification-
Financial Resources
Standard of living
Time
Length of marriage
Age and Health
Spouses Needs
Contribution
Marital Misconduct
Age of Children
Unusual Needs or obligations
Support Obligations of parties
Assets of the parties
Medical expenses outside of insurance coverage
Standard of living
Duration of Marriage
Best interests of Child.
AUSA MS DB
AUSA MEETS SOUTHERN DEAD BEAT
Child Support usually ends when child reaches 18 except if child is unable to
support himself or has a mental or physical disability or if child is self supporting
individual independent of parental control.
UIFSA-Uniform Interstate Family Support Act
-simplifies collection of support payments when the obligor or child resides in
jurisdiction other than one in which the original order was issued.
CHILD CUSTODY
Legal Custody-right to make decisions affecting the childs life
Physical Custody- actual possession and control over child
Shared Custody- encompasses either or both legal and physical custody