MARRAIGE

Posted here by:By Attorney Terry Ray Bankert 810 235-1970
cpsa 12/30/06
http://attorneybankert.com/

Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.
http://terrybankert.blogspot.com/

Articles on Divorce and lawyers in Flint, Genesee County Michigan USAhttp://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html

Do you need help now?Call 810 235-1970
Date 12/25/06

Requirements for Marriage

The first requirements are falling in love, courtship and a personal commitment to sharing your lives together. Determining how you reach that decision is your right.

There are State requirements at the beginning. When you seek to marry you must first get a marraige license from the Genesee County Clerk located in the Genesee County Court House Downtown Flint.

You must to the county where one of you live or if you are from out of state you go to the county clerk in the county where the marraige will be performed. MCL 551.101

For minors over 16 but under 18 you must provide written consent of at least one parent or guardian of each minor.MCL 551.103 (1) There is a three day waiting period in all cases.

There is a requirement for HIV testing for each party. MCL 333.5119 (2) Times have changed
and you have a right to know.

Several persons for instance clergy and judges may marry you. MCL 551.7(1). No particular ceremony is required for the marraige to be valid. The parties simply declare, in the presence of the person solemnizing the marraige and two other witnesses that they take each other as man and wife. MCL 551.9.

Validity of Marriage

A marraige where it took place is valid everywhere, even those out of the country. A marraige that is bigamous, incestuous, or otherwise violates law of the state that it occurred in is invalid.
Common law marriages are invalid in Michigan as of 01/1/1957. But common law marriages recognized in another state are recognized in Michigan.

Secret marriages can be obtained when one of the parties is a minor or the parties request to keep the exact date of the marraige a secret. MCL 55.201

Once there is a celebration of marraige , a contract of marraige, capacity and everything else necessary for a valid marraige is presumed.

The seven year absence of a married party gives rise to a presumption of death.

If a person has been married to two different people the presumption favors the validity of the second marraige. Bigamy has to be proven.

Persons with disabilities; Incapacitated person.

Marriage is a civil contract and the parties must be capable in law of contracting. MCL 551.2 The children of such a marraige are legitimate. A court appointed next of friend may bring an action to annul the marraige on the grounds that a party was not capable of contacting. MCL 552.35

A court appointed guardian may consent to a wards marraige; a limited guardian may not consent is the ward is a minor. MCL 700.5206 (4).

ANNULMENT

In General this is a judges order that a valid marraige never took place. If this happens the court may still have to divide property and set rights of children.

An absolutely void marraige is one that is bigamous, the parties too closely related, and a person that lacks the capacity to enter a contract. Poor mental health and young of age are two common grounds for incapacity.

A marraige can be voided if either party is underage or force or fraud occurred. MCL 552.2

Common bases for fraud are:

1.For the purpose of emigrating to the United States

2.Falsely claiming a pregnancy.

3. Not tell a spouse that the other spouse could never bear children.

4. Under influence of drugs or alcohol.

5. Concealment of preference.

See generally
Michigan Family Law Benchbook Second Edition, Institute of Continuing Legal Education 2006

Posted here by:By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.
http://terrybankert.blogspot.com/
Articles on Divorce and lawyers in Flint, Genesee County Michigan USA
http://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html

Do you need help now?
Call 810 235-1970