Marriage Law

Understanding the Marriage Act in the United States of America

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There are different laws related to marriage in different states of the USA. However, as per the US constitution, marriage between two people of opposite sex performed in either of the states is recognized in all the other states. Same-sex marriage did not have this freedom until 2004. Now such marriages are legal in some of the states in America.

There are some marriage requirements set by law for people who want to get married. They are as follows

Man and women who wish to tie the knot are required to be at least 18 years old. If they are younger than the specified age, then their parents’ consent is a must. In some circumstances like pregnancy or childbirth prior to marriage, the respective courts in the states may give consent to the marriage even if the minimum age for marriage is not reached.

A marriage license given by the clerk of the court or county clerk is required.

The marriage ceremony has to be performed. It does not necessarily be a traditional wedding ceremony. If the man and woman sign a marriage certificate in the presence of some witnesses, the marriage is considered to be performed as per the rituals.

A blood test is one of the main marriage requirements in most of the states in the USA. This allows both spouses to know about the health-related issues of each other before marrying.

If any of the spouses was previously married, then he/she has to produce proof of the termination of the previous marriage by stating the reason for such termination, death of the spouse, divorce, or invalidation of the marriage.

The requirements vary from state to state and change from time to time. Therefore it is necessary to find out the latest requirements as per your state’s laws and marriage act before solemnizing marriage.

There is a special marriage act in India for people of countries other than India marrying Indian nationals, however, there is no such special marriage act in the USA. If the US citizen gets married to a citizen of another country as per the laws of that particular country, they have to abide by the laws of the state they live in. They have to fulfill the requirements set by the particular state they stay in to validate their marriage.

The marriage protection act has been proposed to safeguard marriages from the problems faced by people due to divorce or annulment of marriage. The defense of the marriage act defines marriage as a legal alliance of two people of the opposite sex and not a same-sex union. Most of the states have their own Defense of Marriage act and some of the states have started acknowledging same-sex marriages since 2004. The various laws regarding marriage provide certain rights and punishments or consequences to both married and unmarried people. People are required to follow the laws set by the state they stay in.

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