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Marriage: A Comprehensive Guide to Its Legal Definition and Rights
Definition & Meaning
Marriage is a legally recognized union between two individuals, typically a man and a woman, who intend to establish a partnership as spouses. This contract creates specific rights and responsibilities governed by state law. To enter into marriage, couples generally need to apply for a marriage license and pay a fee, which can vary by state.
Table of content
Legal Use & context
Marriage is primarily relevant in family law, which encompasses issues such as divorce, child custody, and property division. Legal forms related to marriage, such as marriage licenses and prenuptial agreements, can often be managed using templates provided by services like US Legal Forms. Understanding the legal implications of marriage is crucial for individuals entering into this contract.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, in Tennessee, a couple may apply for a marriage license at their local county clerk's office. If they meet all requirements, they can legally marry within the state. (hypothetical example)
Relevant laws & statutes
In Tennessee, the law governing marriage is found in Tenn. Code Ann. § 36-3-113, which defines marriage as a contract between a man and a woman. This statute outlines the legal framework for marriage, including requirements for obtaining a marriage license.
State-by-state differences
State
Marriage License Fee
Waiting Period
Tennessee
$97.50
None
California
$70
None
New York
$40
24 hours
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Cohabitation
Living together in a romantic relationship without legal marriage.
Does not create legal obligations as marriage does.
Common Law Marriage
A marriage recognized without formal registration, based on cohabitation and mutual consent.
Not all states recognize this; requires specific conditions.
Common misunderstandings
What to do if this term applies to you
If you are considering marriage, start by researching your state's requirements for obtaining a marriage license. You can find helpful templates and resources through US Legal Forms to assist you in preparing necessary documents. If your situation is complex, such as involving a prenuptial agreement, consider consulting a legal professional.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Typical marriage license fee: Varies by state, generally between $40 and $100.
Waiting period: Some states have no waiting period, while others may require up to 24 hours.
Legal age: Most states require individuals to be at least eighteen years old to marry.
Key takeaways
Frequently asked questions
A marriage license is a legal document that allows two individuals to marry. It is issued by a state authority and must be obtained before the marriage ceremony.
Yes, same-sex marriage is legal in all states following the Supreme Court ruling in Obergefell v. Hodges (2015).
Marriage is a legally recognized contract, while cohabitation is living together without formal legal recognition, which does not create the same legal rights and responsibilities.