Both parties must want to marry, must not be married to anyone else at this time, and must be able to understand their actions. Both parties must be at least 18 years old, unless certain requirements for minors are met. The parties cannot be more closely related than first-degree cousins and not first-degree double cousins (for example, children of two sisters who married two brothers). The couple must obtain a marriage certificate before they marry. Marital status: People who are already married, even with legal separation, cannot marry until they are officially divorced. And if a common-law couple decides to separate even if there is no “de facto divorce,” they must still legally dissolve their relationship. This refers to the fact that a person in a common-law relationship could be held responsible for providing the same type of support to their ex-spouse as someone in a legally binding marriage after divorce. When you get married, you can change your surname to your spouse`s, but you are not required by law to do so. You can also use a hyphenated last name after marriage. However, if you want to change your name and records and use a previous name again later, you will need to apply to the district court of the city or county where you live for a legal name change.
You can also reuse your old name in divorce proceedings. Do not confuse a common-law marriage with a civil partnership, which is a legal relationship between two people that only confers rights at the state level. Before same-sex marriage became legal in all 50 states, civil partnerships were primarily a way for same-sex couples to have a legally recognized relationship. Not all states recognize civil partnerships, which means they may not be valid if you move to another state. And whether a couple is of the same or opposite sex, a civil partnership offers no federal protection or benefits. However, common-law marriages enjoy many of the same rights as a marriage with a legal license from the state. Marriage is the most important human relationship legally recognized and sanctioned. It has many rights and obligations. It is rare for people to consult a lawyer before marriage, probably because a marriage is made on the basis of love and faith in each other, and not on the basis of skillfully negotiated and written legal documents. However, marriage has many legal consequences as well as benefits that a couple should consider.
If you are married, it is a violation of the criminal law to voluntarily have sex with someone other than your spouse. This is called “adultery.” Although adultery is not prosecuted as a crime, it is grounds for divorce and, in some cases, can affect the award of spousal support, the division of property, and the sharing of legal and court costs. In other states, it is the agent`s responsibility to ensure that the license is registered with the county where you married. Typically, you will receive your marriage certificate in the mail a few weeks after your wedding. Even if the official does not present the marriage certificate, you are still considered married. A de facto marriage, on the other hand, will recognize a couple as legally married, even if the couple has never taken their vows in a civil or religious ceremony and does not have a marriage certificate. Although states do not have formal rules regarding common-law marriage, certain conditions must be met for a couple to be considered married at common law. You must: Typically, couples receive a marriage certificate, hold the wedding ceremony, and ask the officer to submit the certificate to the appropriate district office within a few days.
The couple will then receive a certified copy of the marriage certificate. Age: Most states require both parties to be 18 years of age or older to marry. Some states allow minors over a certain age to marry with the consent of their parents and/or the court. Minors in these states are often not allowed to marry adults over the age of three or four to prevent minors from entering into predatory marriages. As a married couple, you can file a joint tax return with the state and federal governments if you were married at the end of the tax year. Getting back together can often save money, but its benefits depend on each couple`s individual financial situation. Some married taxpayers would be better off filing separate tax returns. Consult a tax professional on these issues. You can usually apply for your marriage license at any county office in the state where you want to get married. Some states require you to apply to the county office where you want to get married.
Most states charge a small fee, and it usually takes a few days to get your marriage license. Any child born during the mother`s marriage is legitimate, even if it was conceived before the marriage or by a third party. The child also becomes legitimate if his parents marry after birth. Children are also legitimate if they were born of an illegal marriage (such as a bigamous marriage) or a dissolved or annulled marriage. The legitimacy or otherwise of a child has fewer legal consequences than in previous years. In all cases, a parent is legally obliged to take care of his or her children.