Family LawFamily Law

Ch. 29&30Ch. 29&30

What is a Family?What is a Family?

There is no precise legal definition of There is no precise legal definition of “Family.”“Family.”– May include people related by blood, marriage, May include people related by blood, marriage,

adoption, or people who live together in a adoption, or people who live together in a single householdsingle household

Refer to page 358, what trends do you see Refer to page 358, what trends do you see in Figure 29.1?in Figure 29.1?

MarriageMarriage To get legally married, the following steps To get legally married, the following steps

usually include;usually include;– Blood test; check for possible medical Blood test; check for possible medical

problemsproblems– Marriage license; asked to provide proof of age, Marriage license; asked to provide proof of age,

possible blood test, swear to the truth of the possible blood test, swear to the truth of the informationinformation

– Waiting period; many states do not Waiting period; many states do not immediately give the license, or require a immediately give the license, or require a waiting time before the ceremonywaiting time before the ceremony

– Ceremony; must be performed in presence of Ceremony; must be performed in presence of clergy or public officialclergy or public official

Legal Aspect of MarriageLegal Aspect of Marriage

Age; must be between 16 and 18 years oldAge; must be between 16 and 18 years old– Check pg. 580 for Ohio LawCheck pg. 580 for Ohio Law

Relationship; It is illegal to marry a close Relationship; It is illegal to marry a close blood relative, this is known as incestblood relative, this is known as incest

Two people; marriage is between two Two people; marriage is between two people. Bigamy.people. Bigamy.

Man and WomanMan and Woman ConsentConsent

Invalid MarriageInvalid Marriage

There are situations in which a court may There are situations in which a court may declare that a marriage never existed – declare that a marriage never existed – Annulment.Annulment.– Age; the couple were too young to get marriedAge; the couple were too young to get married– Bigamy; One spouse was already marriedBigamy; One spouse was already married– Fraud; One spouse lied to other about an Fraud; One spouse lied to other about an

important matterimportant matter– Lack of consent; forced to marryLack of consent; forced to marry

Common-Law MarriageCommon-Law Marriage

Marriage without a blood test, a license, or Marriage without a blood test, a license, or a wedding ceremony.a wedding ceremony.

Couple hold themselves out to the public as Couple hold themselves out to the public as husband and wife, and live together as if husband and wife, and live together as if married.married.– 14 states allow this type of marriage including 14 states allow this type of marriage including

Ohio. Ohio.

Decisions in a MarriageDecisions in a Marriage

Prenuptial agreement; written document Prenuptial agreement; written document before a marriage that sets forth rights and before a marriage that sets forth rights and responsibilitiesresponsibilities

Name change; tradition of women taking Name change; tradition of women taking man’s nameman’s name

Support; typically husband’s have held the Support; typically husband’s have held the responsibility to support the wiferesponsibility to support the wife

Privileged communications; Privileged communications; communications in marriage are privileged communications in marriage are privileged

Decisions in a MarriageDecisions in a Marriage

Inheritance; If a spouse becomes deceased, Inheritance; If a spouse becomes deceased, the other spouse is automatically entitled to the other spouse is automatically entitled to a share of the deceased’s estatea share of the deceased’s estate

Financial ResponsibilitiesFinancial Responsibilities

Historically Husbands have been viewed as Historically Husbands have been viewed as the head of the householdthe head of the household– Responsible to provide for wifeResponsible to provide for wife

» Necessities; food, clothing, shelter, medical careNecessities; food, clothing, shelter, medical care

– In return, make decisions and have In return, make decisions and have companionship of wifecompanionship of wife

Financial ResponsibilitiesFinancial Responsibilities

Some states have now modified, making Some states have now modified, making husbands and wives equally responsible in husbands and wives equally responsible in accordance with their respective needs and accordance with their respective needs and abilitiesabilities

PropertyProperty

Separate Property; owned by a spouse prior Separate Property; owned by a spouse prior to marriage, also a gift givento marriage, also a gift given

Joint Property; bank accounts, real estate, Joint Property; bank accounts, real estate, autos, etc. in both namesautos, etc. in both names

Community Property; all property acquired Community Property; all property acquired during the marriage is joint property (9 during the marriage is joint property (9 states, not Ohio)states, not Ohio)