Family law chapter 1 (Complete)

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Jan 9, 2024

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Nicholas Carlson Chapter 1 Review Sheet 1. What was the status of married women under common law? -“ Under common law, a husband and wife become one when married. When the husband and wife become one, the wife's legal identity is suspended. A woman could no longer own personal property. Title to real property did not pass to the husband, but the husband had the right to manage and control the property as well as the right to all rents and profits derived from it. Any contracts a married woman entered into were considered null and void. A married woman lost her testamentary capacity. The married woman could not sue or be sue in her own name; the husband would have to be joined as a party to the suite.” 2. What were a husband’s legal responsibilities under common law? -It is his responsibility to support and protect his wife. 3. How was marriage seen in community property states? - Spouses are considered joint owners of nearly all assets and debts acquired in marriage. 4. What prompted the passage of the Married Women’s Property Acts? - It was prompted by the economic panic of 1837. 5. What reforms did the Acts accomplish? What aspects of the common law marital relationship did they leave untouched? -They gave women the rights of ownership over their property. Men were still allowed to control their wives property per common law though. 6. When and how was the transition to gender-neutral marriage laws accomplished? - In the 1960s, during the 2nd women's rights movement; based on the equal protection clause of 14th Amendment. 7. What did the Supreme Court decide in the case of Loving v. Virginia? Why is this case so important? - “The Supreme Court ruled in favor of Loving. Focusing on the racial hatred that had motivated the passage of anti-miscegenation laws, the Court held that Virginia had violated the equal protection clause of the fourteenth amendment by restricting an individual’s choice of marriage partner based on racial classifications. It also held that, under the due process clause of the fourteenth amendment, marriage is a fundamental right: “The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men. Marriage is one of the ‘basic civil rights of man,’ fundamental to our very existence and survival.”This case
marks the first time that the Supreme Court limited the authority of a state to regulate entry into marriage.” 8. What kinds of marriage restriction laws are in effect today? -Restrictions against incest, bigamy/polygamy, marital age. 9. What arguments have same-sex couples made in support of their position that they are legally entitled to marry? -“They cite Loving V. Virginia. They argued that this restriction was discriminatory and impermissibly interfered with their fundamental right to marry a person of their own choosing. In short, as in Loving, they argued that the denial of a marriage license violated their rights to equal protection and due process of the law under the applicable state constitutions.” 10. What did the U.S. Supreme Court decide in the Obergefell case? -“That states must allow and recognize same-sex marriages under the Due Process and Equal Protection Clauses of the Fourteenth Amendment.” 11. What marital entry restrictions remain in effect today? - Criminal incest laws; polygamy and bigamy laws; age restriction laws 12. What steps must a couple follow to create a formal marriage? What purposes are served by these requirements? - Obtain a marriage license (a way for the state to regulate who can marry and enables the state to collect information about its citizens) - Most states require couples to go through a waiting period between application and issuance of their license to give them time to reflect on their decision - Some states require testing of couples before marriage to check for venereal diseases in order to help keep people safe - After the license is acquired, a marriage ceremony must be performed by an authorized party, such as a religious leader or a justice of the peace - An authorized party is responsible for recording the marriage license as soon as possible after the ceremony 13. What is the effect of a technical failure to comply with these requirements? -Not much because a technical failure to comply with a marriage entry requirement will not invalidate the marriage due to the public policy in favor of marriage 14. What is a common law marriage? - "A marriage created by the conduct of the parties rather than through a formal ceremony. Creation usually requires an agreement, cohabitation and a reputation in the community as husband and wife"
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