Marriage

Marriage is considered a legal contract between two people, joined together with a marriage license and ceremony.

A married couple shares a significant relationship with special rights and benefits, while also handling demanding legal and financial commitments.

Requirements for Marriage

Each state has a set of marriage laws and requirements a couple must meet before the marriage can be declared valid.

Although each state has different requirements, a marriage that occurred in another jurisdiction or internationally will likely be recognized by the family court if it was legal where and when it initially occurred. Some requirements may include:

  • Marriage license issued by the clerk of the court
  • Both people are the legal age or have consent of the parents
  • Mental capacity of both to enter into a contract
  • The couple are not blood relatives
  • Proof of immunity or vaccination for diseases
  • Blood test results for venereal disease
  • Proof that any prior marriages have been terminated
  • Waiting period between the marriage license being issued and the marriage ceremony performed
  • Marriage ceremony with:
    • A person recognized by the state with the authority to perform the ceremony
    • Witnesses
  • Recorded marriage license after the ceremony
  • Consummation of the marriage

Common Law Marriage

If a man and woman have lived together, presented themselves in public as husband and wife and met other requirements for a certain period of time, the family court may consider the couple to be married by a common law marriage.

In valid common law marriages, the spouses generally have the same legal rights and duties of couples who have been married in a ceremony after obtaining a marriage license.

Most states have abandoned common law marriage laws. Some state family courts that will still recognize common law marriage include: Colorado, South Carolina, Rhode Island and Texas.

Courts in Pennsylvania, Ohio and Georgia may recognize common law marriage if the 'marriage' started before a specific date.

If a couple who is considered married in a common law marriage state moved to another state that does not recognize common law marriage, their new place of residence will usually recognize the common law marriage.

Connect with a family law attorney today.

Marriage Agreements

State marriage laws usually hold each spouse responsible for the other. Couples have a right to determine the way a marriage and separation will be viewed by the courts by filing a marriage agreement, whether pre- or post-marital.

  • Prenuptial Agreement
    A couple enters into the contract before marriage. The document lists each person’s assets, property and debts, as well as explains each person’s rights to property in divorce or death. Couples use prenups to help make financial plans for a variety of situations, in case the marriage unexpectedly ends.
  • Postnuptial Agreement
    A couple can detail wishes in case of death or divorce in a voluntary contract entered into after the marriage. These contracts are usually used to protect assets after a significant financial change or conflict in the marriage. A postnuptial agreement should include how property, assets and debt will be divided if the marriage ends, as well as which spouse will pay alimony.

The couple should work with separate family law attorneys when creating a marriage agreement to make sure each spouse is equally and fairly represented, and the contract is in the best interest of both people. A family law attorney can help you write a valid marriage agreement that will be accepted by the state’s family court.

Speak to a Family Law Attorney about Marriage and State Laws

Learn more about the legal aspects and concerns of marriage by connecting with a local family law attorney today. Call 866-733-5116 or fill out a family law case review form to find a family law attorney near you.

Connect with a family law attorney today.

The above synopsis of marriage laws is by no means all-inclusive and is not legal advice. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on marriage laws, please contact a local family law attorney in your area.