Family Law Ch. 1

• Changing gender roles (women were seen as propety, etc..)
• Fault v. No-fault divorce
• Traditional v. Non-traditional families

• Reproduction
• Instills Socialization and values
• Stability
• Emotional/Financial support

• Adultery
• Extreme Cruelty
• Desertion

• 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)

• Irretrievable breakdown of the marriage
• Criminal Conviction of a Felony
• Impotence
• Incurable insanity for 2 years

60 days as long as there is a written waiver for final hearing or a statement of no contested issues.

The joining together of one man and one woman in a civil contract.

• Hospital Visitation rights
• Marital Communication privilege
• Insurance benefits
• Joint adoptions
• Family leave

• Over 18 years of age (17 and under needs consent)
• No blood test required

• 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.

• Clergy member
• Judges
• Mayor
• Clerk/Clerk-treasurer
• etc...

• 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.

• Same-Sex
• Between family members
• Bigamous or polygamous

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.

• An informal marriage created without a license or ceremony.
• Elements:
• Capacity
• Agreement/intent
• Cohabitation
• Holding out as husband & wife
• Together for a certain period of time
• NO SURPRISES

• Convenience
• Personal preference
• Poverty

• Dissolution of marriage (divorce)
• Annulment
• Legal Separation

• The complete legal severance of the marriage by the state.
• Issues:
• child support
• alimony
• property

• 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.

• Preexisting marriage
• Marriage to close relative
• Mentally incompetent
• Common law marriages after 1958
• Foreign marriage solemnized to evade Indiana Law

• Fraud
• Mental incompetence
• Age

Acts where there is a breach for a promise to marry. Called heart balm acts since people were suing for their heart ache.