Marriage

Marriage, loosely defined, is a contract or bond between two people (in most cases a man and woman) to fulfill certain personal and financial obligations.

These obligations might include:

Emotional and financial support
Intimacy and commitment
A safe and stable environment for raising children

When two people enter into a marriage, they enter a legally binding relationship as well, largely determined by state laws. While state laws may vary, a legal marriage usually calls for being the age of consent (eighteen in most states), procuring a license and a ceremony (civil or religious) with witnesses, presided over by a sanctioned official. Some states may require blood tests for venereal disease before issuing a license. In cases where the parties involved were married before, it must be established that the previous marriages no longer exist legally. Most states require a waiting period between the time the marriage license is issued and the marriage ceremony, giving the parties concerned the opportunity to reaffirm their decision or change their minds. Typically this period ranges from 1 to 5 days.

All states prohibit marriage between a person and their sibling, half sibling, parent, grandparent, aunt, uncle, niece or nephew. First cousins are permitted to legally marry in only 20 states and the District of Columbia. 24 states prohibit first cousins marrying outright and six states allow it in such situations where the parties involved cannot reproduce or if they are above the age of reproducing, due to genetic issues. States that do permit marriage among first cousins may ask the parties involved to seek genetic counseling.

Benefits of a Legal Marriage

Being legally married confers rights and benefits that enhance and protect the parties involved. These benefits may include filing joint income tax returns, government benefits such as Social Security and Medicare, as well as medical and employment benefits that include eligibility for family insurance plans, worker’s compensation, family medical leave, etc.

Other Types of Marriage

Common Law Marriage

A common law marriage is recognized legally as a marriage without a ceremony or license. It is not simply as a result of two people living together for a number of years. A common law marriage entails the following:

Living together for a certain amount of time
Using the same last name, filing joint tax returns, referring to one another as husband and wife
the intent of marriage (ceremony and/or license)

If the marriage is established as a common law one, the same legal rights hold as in the case of a regular marriage. In order to annul or dissolve a common law marriage, the parties involved must go through legal divorce proceedings.

Common Law Marriage is recognized in the following states:

Alabama
Colorado
District of Columbia
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (only for inheritance purposes)
Ohio (if created before 10/10/91)
Oklahoma
Pennsylvania
Rhode Island
South Carolina
Texas
Utah

Same Sex Marriage

Same sex marriage, also referred to as gay marriage, is when two people of the same gender are married to each other. They may also be termed as civil marriages or civil unions. Most states, at this point, do not recognize same sex marriages and it has become a complicated issue on the state and federal level. Only the states of Massachusetts, California, Connecticut, and Vermont, recognize same sex marriage or some form of it. In the states that do not recognize it, some laws have been passed, primarily by cities, under the rubric of domestic partnerships, offering limited rights. Some of the benefits that come under a domestic partnership are:

Being entitled to family insurance plans
The ability to take sick or bereavement leave for your spouse
Visitation rights in hospitals or jails

While legal challenges remain in the arena of same sex marriages, it is recognized that same sex couples living together and raising children are part of the American social fabric, deserving fair representation in matters of the law.

Visit these helpful links:

Marriage Law Overview

Marriage Law Information

Find An Attorney

Law

City

State

Marriage

Other Types of Marriage

List Your Office