Marriage Information Center
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Frequently Asked Questions about Marriage
Q: What is the legal definition of marriage?
A: Most states define marriage as a civil contract between a man and a woman to become husband and wife. The traditional process to marry is to obtain a marriage license from a state-authorized official, then participate in a formal civil or religious wedding ceremony where the couple exchanges vows and is pronounced husband and wife by a presiding officiant.
Q: What is a marriage license?
A: A marriage license is a document that authorizes the person performing the marriage ceremony to marry the man and the woman.
Couples who are planning to cohabitate or marry should consider working with an attorney to draft a premarital or cohabitation agreement to establish a framework for handling financial and property issues that arise during marriage. By addressing these issues early, you may avoid conflict in the future. To find out how our firm can work with you to address your family law needs, contact us to schedule a consultation and case evaluation with and experienced attorney.
Understand Marriage Before Speaking the Vows
Marriage is a series of promises that two people make to one another about how they intend to live their life together. Marriage is also a legal event. When two people marry, they enter into a binding legal contract.
Why not understand the contract before entering into it? At the Rancho Cordova law offices of Hugh O. Allen, we have advised and represented California couples in family law matters for more than 30 years. We encourage couples to understand the rights and obligations of marriage before the ceremony. To that end, we provide here some general information about the marriage process.
For answers to specific questions, we encourage you to contact our law firm to make a private appointment with an experienced family law attorney.Marriage - An Overview
For centuries marriage has been viewed as the basis of the family unit. It is a voluntary, private contract between a man and a woman. Marriage is a personal commitment, but it is also a legal relationship that changes the legal status of both parties. Historically, the husband had a duty to provide food, a home, and clothing; the wife was obligated to maintain the home, raise children, and all her property became her husband's. The legal rights and obligations associated with marriage have evolved with our society and today are generally equitable between both parties. Each state has its own rules about marriage, but some uniform principles do exist. An experienced family law attorney can explain the laws that apply to you.
Annulments
Annulments of marriage are rare in today's society, but the procedure is still available if the necessary legal grounds are present. The legal theory underlying annulment is that the marriage was never valid to begin with. It basically means the marriage never existed. Marriages subject to annulment proceedings are classified as "void" or "voidable" and are sometimes called a nullified marriage.
Premarital Agreements
Although not very romantic, premarital agreements are becoming more and more common. Many people who are considering getting married wonder if they should have one of these contracts, also known as prenuptial or antenuptial agreements. People who intend or do live together may enter a similar agreement called a cohabitation agreement. Individuals who are already married or living together may chose to sign a reconciliatory agreement, which serve the same purpose. An attorney experienced in family law can explain the differences in the various types of agreements and can help draft the right one for you.
Ready or Not? Marriage Test
The success or failure of a relationship may hinge on how well the couple deals with issues such as money management, communication, conflict, parenting, in-laws, leisure time, sexuality, family of origin, spirituality, expectations, and household chores. Most couples don't talk about these issues before they get married and are surprised one or two years down the road when conflict seems more prevalent than romance.
Unmarried Couples
More and more couples live together before they marry and many live together indefinitely. Most couples accumulate a great deal of shared property but fail to consider how the property will be divided if the relationship ends. The reality is that no matter how long an unmarried relationship lasts, the law still effectively treats the couple as separate individuals with no rights or liabilities to each other if the relationship ends. Even though the couple behaves like husband and wife, unless they meet the requirements for common-law marriage, unmarried couples have no basic rights to their partner's property or to maintenance if they split up. An attorney experienced in family law can advise you on your legal rights as one half of a cohabiting couple.
Marriage Resource Links
Marriage Law By State - 1800Bride2B.com
A one-stop resource to learn your state's marriage requirements.
U.S. Census Bureau Marriage & Divorce
Statistics about marriage and divorce.
Marriage Lab
A testing and educational site for couples who want to improve their relationship.
