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
3 main traditional grounds for divorce?
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
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?
Indiana recording requirement?
Official has the responsibility for recording the marriage license and certificate w/ the county clerk.
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
Benefits of common law?
3 ways to dissolve a marriage?
Dissolution of marriage (divorce)
The complete legal severance of the marriage by the state.
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?
Marriage to close relative
Common law marriages after 1958
Foreign marriage solemnized to evade Indiana Law
Voidable Indiana Marriages?
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.