Kneel for the provisions of the American marriage law

I. Legal conditions for entering into marriage

1. Qualifications: Most states in the United States stipulate that if registered in the United States, both parties must be 18 years old. People who are over 16 years old but under 18 years old must obtain the consent of their parents or judges.

2. Registration conditions:

In the United States, there are roughly two forms of marriage. Marriage requires registration and wedding. The Uniform Marriage and Divorce Law stipulates that a marriage between a man and a woman that has been approved, celebrated and registered is valid in this state.

Most state laws also require that both parties to a marriage must be married under the auspices of clergy such as priests, judges or government officials.

Second, invalid marriage In the United States, the so-called invalid marriage usually refers to the lack of legal ability and willingness of the parties to get married, or other serious obstacles to marriage. According to the laws of most States in the United States, invalid marriage is a marriage that does not exist from the beginning, that is, there is no relationship between husband and wife's rights and obligations.

Generally speaking, invalid marriages generally exist in the following situations:

1, both parties to the marriage are within the scope prohibited by law. Such as incest or blood relationship prohibited by law.

2. One party has not reached the legal age for marriage. At the time of marriage, if one party is under the age of 18, the marriage is likely to be invalid.

3. The marriage concluded by bigamy is invalid. It should be noted that bigamy will not only lead to invalid marriage, but also the responsible party may bear criminal responsibility.

4. Fake marriage is invalid. The so-called fake marriage refers to getting married for a certain purpose or purpose, which is very common in the field of immigration.

In addition, the injured party may request the court to declare his marriage null and void in the following cases:

1. If one party is impotent and the other party did not know this situation at the time of marriage, he may request the court to declare the marriage invalid.

2. If one party agrees to get married due to coercion or fraud, it may also request the court to declare the marriage invalid.

Third, divorce In the United States, the dissolution of the marriage relationship between the two parties must go through a court decision.

1, competent court:

In the United States, divorce proceedings should be filed in the court where one of the spouses is located. Most States in the United States stipulate that the parties must live in the state for a certain period of time before they have the right to file for divorce in the state. However, the requirements for residence period vary from state to state, ranging from 6 weeks to 6 months.

2. Divorce procedures:

In the United States, divorce proceedings are divided into two types, namely, simple divorce procedures and ordinary divorce procedures. Although the simple divorce procedure is relatively simple and convenient, each state has set certain applicable conditions and made certain restrictive provisions on the rights of the parties.

In divorce proceedings, in order to help the parties reach an agreement as soon as possible, especially in solving the problems of child custody and visiting rights, most state courts have also set up mediation procedures. In order to protect the personal and property safety of the parties, all States in the United States have a restraining order system.

In the process of divorce proceedings, the parties may request the court to issue an injunction, such as prohibiting the other spouse from harassing or disturbing his peace of life, and prohibiting either party from transferring, mortgaging or hiding the marital property without the consent of the other party or the permission of the court.

3. Reasons for divorce

There are two principles of fault divorce and no-fault divorce in the United States. At present, all States in the United States apply the principle of no-fault divorce, that is, the standard for divorce is the complete breakdown of marriage. For no-fault divorce, only a few States still apply it, and the reasons are roughly: abandonment, abuse, adultery and so on.

Four. Separation system Most states in the United States stipulate a separation system, that is, if the two parties are not together and live together for more than a certain period of time, they can divorce. However, for the specific departure time, American States have different regulations, generally 1 to 3 years. In some states, couples can apply to the court for divorce after being separated for more than 180 days.

Extended data:

Marriage in the United States is divided into religious marriage, secular marriage and customary marriage (that is, marriage without formal ceremony). Religious marriage is traditional, that is, a marriage combined by a priest presiding over a religious ceremony in a church. This is a common form in America. Secular marriage, that is, wedding, does not use religious ceremonies.

Local officials or others will preside over the marriage certificate. Maine, Vermont, New Hampshire, Massachusetts, Rhode Island and Connecticut recognize civil marriage. Oliver, England, 1653. Cromwell's civil marriage law once condemned the church's interference in marriage, stipulated that the wedding must be presided over by local officials, and set up marriage certificates and files.

Puritans who later immigrated to the North American continent also followed this habit. Religious marriage has long been regarded as illegal. Later, New England recognized religious marriage, which coexisted with secular marriage and has continued to this day. There are 265,438+0 states in the United States that recognize common law marriages. After both men and women agree to combine, husband and wife live together and naturally form a legal marriage.

No marriage certificate, no ceremony. Common law marriage was necessary in early America because it was difficult for people to find local officials or priests nearby. At present, Arizona, Illinois, Missouri and New York have declared such marriages invalid. Eight other states have passed laws to control common law marriages.

Legal requirements for marriage:

In the United States, the legal requirements for marriage are set by the States themselves. Most states stipulate that the legal age of marriage is 2 1 for men and 18 for women. Some States stipulate that if both parties are underage, they must get their parents' consent before they can get married; However, some states stipulate that men 18 years old and women 16 years old can't get married even if their parents agree.

However, Idaho, Mississippi, New Jersey and Washington State allow boys over 14 to marry girls over 12. According to the law, only qualified people can get married. In some states, priests must obtain a formal marriage certificate to be eligible for marriage. Although the provisions of marriage laws in American States are not uniform, there is a general principle.

In other words, a marriage legally recognized in one state can be considered legal in any other state. So many young Americans go to other States to get married in order to avoid the shackles of their own state. In order to prevent hasty marriage, many States began to implement a waiting period from the date of applying for marriage to the issuance of marriage certificates. From 65438 to 0955, 43 states specified the waiting period.

Prohibition of marriage:

In the United States, marriage between relatives has long been stopped, but there are still eight States that have not completely banned consanguineous marriage. Rhode Island even allows uncles to marry their nieces, and also allows uncles to marry their nieces. In recent years, the American marriage law has been greatly revised, emphasizing that only healthy people can get married. Twenty-nine states require premarital check-ups and prohibit people with sexually transmitted diseases from getting married. Seven States prohibit people with genetic diseases from getting married.

17 States prohibit epilepsy patients from getting married; Three states require mentally retarded people to show sterilization certificates before marriage. About 30 states in the United States prohibit interracial marriage. For example, some southern States prohibit whites from marrying blacks; There are no restrictions on intermarriage in the eastern, northern and central States. American marriage law is greatly influenced by Roman, Germanic and Christian marriage methods.

Baidu Encyclopedia-United States Uniform Marriage Property Law