All the Basics of Marriage Law

While the laws and requirements differ from state to state (see marriage laws by state), marriage is basically an a partnership agreement between two parties. This “partnership” extends to every aspect of their lives, including financial, emotional, legal and economic ramifications and benefits .

Marriage is considered to be a formal ceremony, whether performed by a priest (religious) or by a justice of the peace (civil). Each state has its own requirements and procedures that govern the marriage process, ranging from blood tests to waiting periods. These requirements must be followed to avoid your marriage being declared invalid.

While all marriages are not considered legal across the country, there are several forms of marriage, depending upon your individual beliefs. The most common is the monogamous marriage, a traditional union between one man and one woman. Polygamy refers to a marriage between one man and multiple wives (or one wife and multiple husbands) while polygyny applies only to one man and several wives.

A pragmatic marriage is one that is arranged by the parents without regard to the child’s preferences or desires and a same-sex marriage is a union between two parties of the same gender. In the United States, only a monogamous marriage between a man and woman is considered to be valid, although Massachusetts does allow for same-sex marriages as well.

Some religions however, do practice polygamy or polygyny, but do so quietly within their communities. Monogamous marriages can also include couples who live under what is known as “common-law marriage”, a union recognized by most states to be as binding and legal as one that was acknowledged through a formal ceremony. Once a couple has been married, the only way to dissolve the union is through a divorce or an annulment. In the event of a divorce, both spouses are entitled to an equitable property division and child support as well as the possibility of alimony. To ensure a specific division of property is followed, most couples typically enact a prenuptial agreement.

Tags: marriage,overview, marriage laws, property division, prenuptial agreement, annulment, child support