CHAPTER TWO

Valid and Invalid Marriages

George and Sally have lived together for 15 years, and have two children. They have told neighbors they are married, and they have filed joint tax returns, although they never obtained a marriage license or went through a marriage ceremony. Does the law consider them married? Is this a common law marriage?

Most states define marriage as a civil contract between a man and woman to become husband and wife.

The moment a woman and man marry, their relationship acquires a legal status. The United States Supreme Court, when discussing marriage in a 1888 case, said: “The relation once formed, the law steps in and holds the parties to various obligations and liabilities.”

The rights and obligations of married persons are not the same as single persons. Married persons may have rights to their partner’s property and future income; they may have rights to certain benefits, including family health insurance and survivor’s benefits; they may be responsible for each other’s debts; and they are subject to different tax rates than single persons. State and federal laws, as well as an employer’s policies, determine the scope of the married person’s new rights and duties. Marriage is a private bond between two people, but it is also an important social institution.

As our society changes, there is no longer a short answer to the question “What is marriage?” Definitions and opinions of the proper functions of marriage continue to differ. The women's rights movement and the movements regarding persons who are lesbian, gay, bisexual, or transgender (LGBT) have changed some people's ideas of marriage. Marriage will remain, but it also will continue to evolve. (Chapter 4 will discuss marriage of persons of the same sex, domestic partnerships, and related issues.)

• Requirements of Getting Married
• The Process of Getting Married
• Common-law Marriages
• Change of Name
• Invalid Marriages