Marital refers to marriage and describes things related to the relationship between a husband and wife. For instance, marital property includes items owned by a couple due to their marriage.
The term “marital” is an adjective that pertains to marriage or the relationship between spouses. For instance, marital property refers to assets acquired by a couple during their marriage, such as a house or joint bank account. This example demonstrates how the term “marital” is used to describe something related to the marriage relationship, specifically assets jointly owned by a married couple. Another example is marital counseling, which is a form of therapy aimed at helping couples resolve issues within their relationship. This example highlights how the term “marital” can be used to describe a specific type of counseling tailored to address problems within a marriage.
In most states, individuals must be of a certain age (usually 18) and not already married to someone else. They may also need to obtain a marriage license and have a ceremony performed by an authorized officiant.
The process for getting a divorce varies by state, but generally involves filing a petition, serving the other party, and attending court hearings to resolve issues such as property division, child custody, and spousal support.
Property division in a divorce is typically based on the concept of equitable distribution, which means that assets and debts are divided fairly but not necessarily equally. Factors such as the length of the marriage, each party’s financial contributions, and the needs of any children are considered.
Married couples have legal rights and responsibilities related to property, finances, and children. These may include the right to inherit from each other, the obligation to support each other financially, and the responsibility to make decisions about their children’s upbringing.
Prenuptial agreements can be enforced if they meet certain legal requirements, such as being entered into voluntarily and with full disclosure of assets. However, courts may still review and potentially invalidate provisions that are deemed unfair or unconscionable.
The process for changing a name after marriage varies by state, but generally involves obtaining a marriage certificate and using it to update identification documents such as a driver’s license, Social Security card, and passport.
Unmarried couples do not have the same legal rights and protections as married couples, but they may still have rights related to property, support, and children depending on the laws of their state and the nature of their relationship.
In some cases, a spouse may be held responsible for the other’s debts, particularly if the debts were incurred during the marriage and for the benefit of the family. However, this can vary depending on state laws and individual circumstances.
The process for obtaining a legal separation varies by state, but generally involves filing a petition and obtaining a court order that outlines the rights and responsibilities of each party while they live apart.
Same-sex couples have the same legal rights and responsibilities in marriage as opposite-sex couples, including the right to marry, divorce, and access benefits such as spousal support and inheritance.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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