Legal Definitions - Marriage

Marriage is the legally recognized union between two individuals, establishing them as spouses with specific rights, responsibilities, and legal status under the law.

For a marriage to be legally valid, certain fundamental requirements must typically be met:

• Legal Capacity: Both individuals must be legally eligible to marry. This generally means they must be of a certain age (usually 18), not already married to someone else, and not too closely related by blood.
• Mutual Consent: Both parties must freely and willingly agree to enter into the marriage. It cannot be forced or coerced.
• Legal Formalities: The couple must follow the specific legal procedures required by the state, which typically include obtaining a marriage license and having a ceremony performed by an authorized official (such as a judge, minister, or other designated person).

Entering into a marriage significantly changes the legal standing of both individuals. It creates a legal contract that grants spouses various rights and imposes certain obligations, such as inheritance rights, shared property interests, the ability to make medical decisions for an incapacitated spouse, and certain tax benefits. While primarily regulated by individual states, the fundamental right to marry is protected by the U.S. Constitution, ensuring that states cannot prohibit marriage based on factors like race or sex. A marriage can only be legally ended through divorce, annulment, or the death of one of the spouses.

Here are some examples illustrating the concept of marriage:

• Example 1 (Legal Capacity and Formalities): Sarah and David, both 28 years old and unrelated, decide to get married. They visit their local county clerk's office to apply for a marriage license, which confirms they meet the state's age and relationship requirements. A week later, they have a wedding ceremony officiated by a justice of the peace, who then signs and submits their marriage license to the state. This act legally formalizes their union, making them spouses in the eyes of the law.

  This example demonstrates how meeting legal capacity requirements (age, no close relation) and following legal formalities (obtaining a license, having an officiated ceremony) are essential steps in establishing a legally recognized marriage.

• Example 2 (Change in Legal Status and Rights): After five years of marriage, Maria's husband, Carlos, becomes seriously ill and is hospitalized. Because they are legally married, Maria automatically has the legal authority to make critical medical decisions on Carlos's behalf if he is unable to communicate his wishes, and she is also entitled to visit him in the intensive care unit as his next-of-kin. If they were not married, Maria might need specific legal documents like a power of attorney to have these rights.

  This illustrates how marriage fundamentally alters an individual's legal status, granting specific rights and responsibilities, such as the ability to make medical decisions for a spouse, which would not automatically exist for unmarried partners.

• Example 3 (Termination and Validity): John married Lisa in California in 2010. In 2015, without divorcing Lisa, John moved to Nevada and attempted to marry Emily. Because John was still legally married to Lisa, his attempted marriage to Emily would be considered void under the law, as he lacked the legal capacity to marry a second person while his first marriage was still active. To legally marry Emily, John would first need to obtain a divorce from Lisa.

  This example highlights the requirement that individuals must be legally free to marry, meaning any prior marriage must be legally terminated (e.g., through divorce or annulment) before a new, valid marriage can be entered into.