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Marriage is a voluntary, private contract between a man and a woman. While it is a personal and emotional commitment, it is also a legal relationship that changes the legal status of both parties. The legal rights and obligations associated with marriage have evolved with our society and today are equitable between both parties. Each state has its own rules about marriage, but there are some uniform principles, including:

Who Can Marry Whom: Each state prohibits marriage between brothers and sisters, parent and child and some prohibit marriage between aunt or uncle and niece or nephew. Same-sex marriages are also prohibited by every state.

   • Age Requirements: Each state has a minimum age requirement, typically 18 years. Many states permit marriage at a younger age if parental consent is given.

   • Residency: Most states require one or both of the parties to reside in the state for a specific period of time.

   • Medical Exam & Licensing: Some states require a medical exam and blood test be completed before issuing a marriage license. The blood test screens for venereal diseases, rubella, sickle cell anemia, AIDS, and other diseases. The marriage license must be issued by a designated public official.

   • Ceremony & Officials: Some states require a formal ceremony of some kind with witnesses and a licensed public or religious official.

There are several legal benefits to being married. There are both Federal and state laws available only to married people. Other benefits include social insurance benefits, inheritance rights, property rights, the ability to sue third parties for the wrongful death of your spouse or loss of consortium, medical decision making and many more.

Common Law Marriage

Many couples believe they will achieve a common law marriage and be entitled to the legal benefits and obligations of married couples if they live together for a significant period of time. It is not quite that simple. Each state defines the requirements that must be met to legally qualify as married. Generally, a common law marriage is recognized when a heterosexual couple lives together in a common law marriage state for a "significant period of time." No state defines the time period, but typically a ten-year-old relationship is required. The couple must also have the intent to be married, which is generally measured by whether or not the couple presents themselves to the public as a married couple. Evidence of the necessary intent includes sharing the same last name, filing joint tax returns and referring to each other as husband or wife.

Only the following states recognize common law marriages:

• Alabama	• Illinois	• New Hampshire	• South Carolina
• Colorado	• Iowa	• Oklahoma	• Rhode Island
• District of Columbia	• Kansas	• Pennsylvania	• Texas
• Iowa	• Montana	• Rhode Island	• Utah

Premarital & Cohabitation Agreements

Couples who are considering marriage or living together may benefit from talking to an experienced family law attorney about the advantages of a premarital (also called prenuptial or antenuptial) or cohabitation agreement. Although not very romantic, premarital agreements are an effective tool for defining the legal relationships between two people, particularly as it relates to property. Generally, the intent of the agreement is to create a framework for handling money and property issues during the marriage or relationship and a roadmap for property division should the relationship eventually terminate.

Each state has its own laws about what can be included in a premarital agreement. Most states will not uphold agreements about child support and will not uphold an agreement that was created fraudulently or unfairly. Eighteen states have adopted the Uniform Pre-Marital Agreement Act. The law dictates how premarital agreements should address property ownership, control and management during the marriage and how property should be divided upon separation, divorce or death. The states that have adopted the law are:

• Arizona	• Illinois	• Montana	• North Dakota
• Arkansas	• Iowa	• Nevada	• Oregon
• California	• Kansas	• New Jersey	• Rhode Island
• Hawaii	• Maine	• North Carolina	• South Dakota
• Texas	• Virginia

Frequently Ask Questions and Answers About Marriage:

Q: What is the legal definition of marriage?
A: Most states define marriage as a civil contract between a man and a woman to become husband and wife. The traditional way to marry is to get a marriage license from a state-authorized official, then participate in a formal civil or religious wedding ceremony.

Q: What are the legal effects of marriage?
A: There are several Federal and state laws that benefit married couples. Some examples include the right to:

    • File joint income tax returns with the IRS and state taxing authorities
    • Create a "family partnership" under federal tax laws, which allows you to divide business income among family members (this will often lower the total tax on the income)
    • Create a marital life estate trust
    • Receive spouse's and dependents' Social Security, disability, unemployment, veterans', pension and public assistance benefits
    • Receive a share of your deceased spouse's estate under intestate succession laws
    • Claim an estate tax marital deduction
    • Sue a third person for wrongful death of your spouse and loss of consortium
    • Sue a third person for offenses that interfere with the success of your marriage, such as alienation of affection and criminal conversation (these lawsuits are available in only a few states)
    • Receive family rates for insurance
    • Avoid the deportation of a non-citizen spouse
    • Enter hospital intensive care units, jails and other places where visitors are restricted to immediate family

Conclusion

Getting married is one of the most important things people do. Hopefully, it reflects a deep emotional commitment because it also truly changes the participants' legal status. By understanding your rights and obligations as a married person you may more fully appreciate the step you are taking. Before you marry or move in together, consulting an experienced family law attorney can help identify any future issues that you need to resolve now to keep you and your beloved on the path of matrimonial or relationship bliss.