Family Law Ch. 1
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What are some changes in society?
- Changing gender roles (women were seen as propety, etc..)
- Fault v. No-fault divorce
- Traditional v. Non-traditional families
What is the purpose of marriage?
- Instills Socialization and values
- Emotional/Financial support
3 main traditional grounds for divorce?
- Extreme Cruelty
History of divorce?
- Divorce was only available to an "innocent" spouse whose partner caused the breakdown of the marriage by committing some marital fault.
- Fraud often occured in divorce cases (friends would act out parts and lie about the marriage)
What are Indiana's ground for divorce?
- Irretrievable breakdown of the marriage
- Criminal Conviction of a Felony
- Incurable insanity for 2 years
What's the fastest you can get divorced in Indiana?
60 days as long as there is a written waiver for final hearing or a statement of no contested issues.
What is marriage?
The joining together of one man and one woman in a civil contract.
Legal benefits to marriage?
- Hospital Visitation rights
- Marital Communication privilege
- Insurance benefits
- Joint adoptions
- Family leave
What are the marriage requirements in Indiana?
- Over 18 years of age (17 and under needs consent)
- No blood test required
License v. Certificate
- License - issued by the clerk of the circuit court and authorizes the couple to get married
- (Ind. licesnes expire after 60 days)
- Certificate - document prepared by the official performing the marriage.
Indiana solemnization requirement?
- Clergy member
Indiana recording requirement?
- Official has the responsibility for recording the marriage license and certificate w/ the county clerk.
- (30 days)
As long as the marriage does not violate public policy and the jurisdiction requirements are met, then it is a vaild marriage.
- Between family members
- Bigamous or polygamous
Void ab initio?
Void from the beginning
an alternative type of marriage that can be summarized as requiring premarital counseling, a return to fault-base grounds in order to get divorce, counseling before getting divorce, the signing of a covenant contract, and longer mandatory periods.
Common law marriage?
- An informal marriage created without a license or ceremony.
- Holding out as husband & wife
- Together for a certain period of time
- NO SURPRISES
Benefits of common law?
- Personal preference
3 ways to dissolve a marriage?
- Dissolution of marriage (divorce)
- Legal Separation
- The complete legal severance of the marriage by the state.
- child support
- Allows the parties to live separately but the marriage is still inact.
- Not allowed to remarry.
Purpose of annulment is to have a marriage contract which is void declared void, or to have a voidable marriage judicially made void.
Void ab initio - invalid at the time of its creation.
Invaild at inception but remains in effect unless the court terminates it.
Void Indiana marriages?
- Preexisting marriage
- Marriage to close relative
- Mentally incompetent
- Common law marriages after 1958
- Foreign marriage solemnized to evade Indiana Law
Voidable Indiana Marriages?
- Mental incompetence
Heart Balm acts?
Acts where there is a breach for a promise to marry. Called heart balm acts since people were suing for their heart ache.
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