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Law and the American Family

Law and the American Family. State laws prescribe the requirements that must be met to be married. Parents are entitled to deduction on their taxes for each dependent Family Leave Act allows employees time off to care for new babies and ill relatives.

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Law and the American Family

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  1. Law and the American Family

  2. State laws prescribe the requirements that must be met to be married. Parents are entitled to deduction on their taxes for each dependent Family Leave Act allows employees time off to care for new babies and ill relatives

  3. Parents are responsible for providing necessities for their children Paternity tests can force this for fathers Will- a legal document that explains how you want your property divided up after you die.

  4. State law determines who gets your property if you do not have a will Most commonly goes to spouse Required to be of legal adulthood to have a will

  5. What is a family? Parents, children People related by blood, adoption, marriage Group of people living together sharing

  6. Marriage To get married: Blood test-for STDs, HIV, Marriage License; provide proof of age, blood test results, Pay a fee, Waiting period-to give couple time to think over decision Wedding ceremony-religious or civil but must be in front of an official and a witness

  7. Premarital Counseling Is it required? Should it be?

  8. Legal Aspects of Marriage Age-18 or older, some states younger if parental consent if given, some states allow if there is a pregnancy Relationship-All states prohibit close relationship marriage. Most prohibit first cousins. Incest a criminal offense, sexual relations with a close relative

  9. Legal Aspects of Marriage Bigamy-crime of having more that one husband or wife. Marrying someone who is already married is illegal Same sex marriage-still being defined by the states Consent- voluntary If legal requirements not met the marriage can be annulled.

  10. Legal Aspects of Marriage Annulment is a court order declaring that the marriage never existed Divorce is a court order that ends a valid marriage Plural marriages-Polygamy Reynolds v U.S.-anti-polygamy laws are valid

  11. OHIO No waiting period No blood tests 16-17 must have parental consent and judge may require counseling No marriage of first cousins No same sex marriage

  12. Common Law Marriage Couple live together as married, present themselves publicly as man and wife.

  13. Common-Law Marriage • Six elements of a Common Law marriage in Ohio • 1. a mutual agreement of marriage "in praesenti" (presently); • 2. made by persons competent to marry; • followed by cohabitation (including a sexual consummation of the marriage); • 3. a holding out to the public that the parties are actually husband and wife; • 4. a reputation in the community that the parties are husband and wife; and • 5. that the Common Law marriage was entered into before October 10, l991.

  14. Financial Responsibilities Property ownership-Who owns property acquired during a marriage? Before marriage, property remains that of one person-Separate Property After marriage, Marital Property, regardless of who acquires it, belongs to both Community property states require all property divided equally regardless

  15. Ohio: Equitable Distribution • Each spouse entitled to separate property. • Marital property is divided based on • Need • Financial contributions of each spouse • Length of marriage • Obligation to third parties, such as children Prenuptial Agreement-rights and responsibilities of marriage and terms if marriage is disolved.

  16. Inheritance If a husband or wife dies, the spouse is entitled to a share of the estate. One third to one half depending on state Even if left out of the will, state laws give the spouse a portion of the estate

  17. Single Persons in Nontraditional Relationships Cohabitation agreement palimony-payments to non-married partner after breakup Since 1976, these have been recognized Same-Sex Partners 1996 Defense of Marriage Act(DOMA)

  18. DOMA Allows states to recognize same sex unions of other states if they wish to. Defines legal marriage as between a man and a woman. Does it violate the Full Faith and Credit Clause? Art. IV Only marriage confers federal benefits Connecticut, Vermont, New Hampshire, Oregon, New York, New Jersey, Iowa, Maine, Maryland

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