CRIM 406 Lecture Notes - Lecture 5: Misdemeanor, Covenant Marriage, Desertion
22 Feb 2017
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Document Summary
Historically when a woman got pregnant, a lot of pressure on couple to get married. Not so much anymore: more than 40% of new mothers are unmarried. In lover as stranger paradigm law considers unmarried strangers. Licensed marriage: couple applies for marriage license from the state, declaration of intent to marry with witnesses, licesnse is signed by officiant after ceremony, helps determine when relationship acquired legal significance, helps determine intent of both parties. A marriage created without a license or ceremony. Certain restrictions states have placed on marriage have been approved by us supreme court: age. Age: now 16-18, was 12 for females and 14 for males. Incest: blood relatives/some other relationships banned, was before genetics were understood, likely to disrupt family ties and responsibilities. Void marriage will not ever be considered valid. Voidable marriage may be considered valid: age or fraud. Remember, historically divorce was not readily available so to void a marriage was an out.
