Family law in the United states

1 The validity of the marriage is determined by the state where it takes place. Though the US Constitution requires all states to give full faith and credit to all enactments of the other states, however, each state has the right to control the activities of its own citizens if a resident of one state goes to another state to get married because he wants to avoid certain restrictive provisions limiting his right to marry within the state, his home state may refuseto recognize that marriage.

In most states the age of consent for males is 18 and 16 for females.Butthey may require the consent of their parents or guardian until the male is 21 and the female - 18. Several of the states have laws that prohibit intermarriage between the races, so calledmiscegenation laws, making such marriages void and the issue illegitimate. Although states have the right to determine requirements for a valid marriage or a valid divorce, there can be no violation of an individual's constitutional rights /the 14^th Amendment/.

Many of the states specifically prohibit the marriage of epileptics, lunatics, idiots, imbeciles and people of weak and unsound mind. Some have included alcoholics, drug addicts, habitual criminals. Marriages between blood relatives closer than cousins /uncle-niece, aunt-nephew, brother-sister/ are void because they are incestuous ( incest is sexual intercourse between people who are closely related).

A marriage may be dissolved by annulment or divorce. It may also be terminated by a proceeding when one spouse has been absent for more than 5 years or where the spouse has been sentenced to serve a term of life imprisonment.

If the bride and groom are underage, they must present the consent of their parents, but parental consent for underage applicants may be dispensed with if the marriage ceremony is performed by a judge.

At least three quarters of the states require a medical examination and certificate prior to the issuance of the license to assure the absence in both of any communicable disease.

About one third of the states recognizecommon-law marriages. A common-law marriage is an agreement made by a man or a woman to live together as man and wife without any official ceremony, license, certificate, or legal formality. It is entirely dependent upon their solemn intention to cohabit and live together in decent and orderly manner, holding each other out to their neighbours and to the community as husband and wife. A common-law marriage which is valid in the state where it was consummated is valid and recognized in all states. However, if a resident of a state which does not recognize the common-law marriage left the state to enter into such a marriage, the state has the right to refuse to recognize it.

Marriage by contract is another form of marriage without official ceremony and without a license. This form is only recognized in a few states. Both parties enter into a written contract of marriage.

Each state requires that the marriage be solemnized by a religious leader, a public official or a judge. After such a ceremony some record must be kept/made of the marriage by the filing of the marriage certificate with a designated office for the keeping of such public records.

2 The husband is the head of the house. He chooses the domicile, the permanent location for the household. The wife and family must reside at the place chosen by him unless it is unreasonable and is detrimental to their health and welfare. It is his duty to support and maintain his family out of his property or the result of his labour. He must maintain them in accordance with his financial ability. A husband who is prosperous may not keep his family in poverty. He may not limit them to the bare necessities of existence.

Some states provide that if the husband is unable to support his family it is the duty of the wife to help him in this responsibility. The husband when he acquires property during the marriage is the owner unless it is taken in the name of both the husband and the wife or it is purchased by the earnings of both. The property which the wife owned before her marriage or which she individually acquired since, continues to belong to her.Desertion of the husband and failure to support his family may subject him to criminal prosecution. A person who deserted his family and is apprehended in another state may be compelled to contribute to their support by proceedings instituted in the state where he is located through the Family Court.

3 The various grounds for divorce are: adultery, cruelty, abandonment, desertion, neglect, habitual intemperance, addiction to drugs, habitual drunkenness.

In New York until recently, the only basis for divorce was -'adultery. New legislation has introduced cruel and inhuman treatment, imprisonment for more than three years and separation, either by decree or agreement, after one year, as additional grounds for divorce.

Incompatibility and a breakdown of tile marriage - such grounds are not accepted by all states.

An action for divorce is brought by the person who claims to be affected by the conduct of his spouse. He sets forth the grounds on which he bases his claim and asks for a decree of the court to dissolve the marriage and give him custody of the children. If the plaintiff is a woman she will also demand permanentalimony if she wins the divorce. If the wife is the defendant she will, when she answers the complaint, make a request for alimony and counsel fees to defend the action.

4 The decree of divorce obtained in one state is recognised as a " foreign divorce" and enforcible in all other states. The problem of enforcing a " foreign divorce" arises when a person who is resident of one state, seeking a divorce which is difficult to obtain goes to another-state and obtains a divorce there. He then returns to his home state and attempts to enforce the terms of that out-of-state divorce.

5 The currently widespread practice of couples living together without the benefit of a legal marriage ceremony has brought to the fore the question of their legal obligations. If this quasi-marriage consists only in living together, there is no legal commitment. However, if this relationship is based on some agreement or mutual promise between the two persons, we have the elements of a contract and its consequent mutual obligations.

The matter then becomes merely a question of proof. If a contract is established and the commitments under it are proved, then the court will enforce it. Of course, if a common-law marriage is established and such a marriage is legal in the state where litigation is instituted, then the regular marital responsibilities are in effect.

6 A legal separation from 'bed and board' is accomplished by agreement or court and continues all existing marital obligations while giving the parties the right to live separate and apart. The provisions of the separation agreement usually drawn with the aid of counsel contain all the terms agreed upon by the parties (custody of the children, financial support of the wife and the children and rightsof visitation with the children). In the event of a subsequent divorce and the wife's remarriage the husband may have to continue to pay alimony unless the contract states the contrary. When a husband and wife resume their marital relationship they automatically terminate their separation agreement. The legal effect of a separation is to give each the right to establish his own household and to live separately and apart from the other. Both are relieved of their marital duty to cohabit. They are, however, not free to remarry since they are still married to each other.

7 Marriage is the foundation of the family. The family is the basis of our social structure. The obligations and responsibilities in marriage and in the family form the core of communal existence. Some of the basic concepts to keep in mind are:

a marriage is more than just a contract, it is a

b relationship vital to the public interest. It cannot be created or dissolved without permission or authority of the state.

c The husband and the wife are responsible to each other and to the community. The children, although a primary obligation of their parents, are also considered the wards of the state, receiving the protection of the courts.

d Each state by its laws authorizes the dissolution of a marriage. The grounds for such dissolution are specific and must be complied. Annulment, separation and divorce are available depending upon the right to such relief.

e The United States Constitution directs that a judgment of one state is entitled to full faith and credit in the courts of a sister state.

f The " foreign" divorce is subject to the same scrutiny in the courts of the sister states.

g Divorces obtained in a foreign country are recognized on the basis of comity between the countries. However, here again the state court is entitled to delve into the question of jurisdiction. If these decrees and judgments are based upon the required jurisdiction then they are enforceable in all courts in the United States.

9 Discuss the following topics:

1. Common-law marriage. Consider all the pros and cons.

2. Separation or divorce? Which is the lesser of the two evils?

3. Compare the procedure of obtaining a divorce in the US and Russia.

4. A marriage is more than just a contract. Why?

5. The divorce procedure. Should it be more complicated?

6. The contractual nature of marriage.

7. Incompatibility or break-down of the marriage.

10 Write your own opinion on the following:

1. The most essential grounds for divorce. Arrange them in the order of their importance.

2. Types of marriages.

3. Prohibited degrees of marriage.

4. Miscegenation and incestuous laws.

5. The " foreign" divorce.

6. Duties and responsibilities of spouses.

7. The irretrievable breakdown of marriage.

11 Vocabulary: Find a match

1 irretrievable a degree

2 to grant breakdown

3 life obligations

4 mutual imprisonment

5 legal for divorce

6 to support commitments

7 grounds a family

8 to get of proof

9 a question prosecution

10 criminal married