Chapters 31 and 34

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This is the Family Law lecture for Nilsen's Crime and Law class

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Chapters 31 and 34

  1. 1. Family Law Crime and Law – Nilsen
  2. 2. •Steps you have to take to get married:
  3. 3. •Some states require a blood test (not Missouri).
  4. 4. •All states require a marriage license.
  5. 5. •Most states require a waiting period between getting the license and having the wedding.
  6. 6. •A marriage ceremony is required by all states.
  7. 7. •Reasons to annul a marriage:
  8. 8. •One or both spouses are too young (18 in Missouri).
  9. 9. •The spouses are too closely related.
  10. 10. •One or both spouses was already married.
  11. 11. •One or both spouses did not freely give their consent.
  12. 12. •The marriage was based on some sort of fraud.
  13. 13. •Non-traditional relationships:
  14. 14. •A common law marriage is created when people act as if they are married, but do not go through the proper procedures.
  15. 15. •Unmarried couples can enter into contractual arrangements while cohabiting, which may be enforced.
  16. 16. •Same-sex couples have limited rights to marry in some states.
  17. 17. •What is needed to get a divorce?
  18. 18. •Most states require a separation period – not Missouri, necessarily.
  19. 19. •If both spouses agree that the marriage is “irretrievably broken,” then a divorce is granted.
  20. 20. •If both parties do not agree, then one of them needs to show fault.
  21. 21. •Fault is shown by: • Adultery • Unreasonable Behavior • Abandonment for 6 months • Voluntary separation for 12 months • Separation for 24 months
  22. 22. •How are things divided in a divorce?
  23. 23. •Property you have before the marriage is separate property.
  24. 24. •Everything else is marital property – owned equally.
  25. 25. •In a divorce, separate property is kept by its owner, and everything else is divided equitably.
  26. 26. •In community property states, separate property is kept by its owner, and everything else is split in half.
  27. 27. •One spouse may be required to make alimony payments.
  28. 28. •Custody of children is decided based on the best interests of the child.
  29. 29. •This may include joint custody arrangements or sole custody arrangements.
  30. 30. •One spouse may be required to make child support payments.

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