• 22
  • September
    2010

When most people think of marriage, they think of a ceremony that creates both a legal and emotional bond between two people. Similarly, when most people think of divorce, they think of a relatively straightforward legal process in which child custody is decided, spousal support/child support is awarded and property is divided.

While it's true that both of these processes generally proceed in a linear, predictable fashion, it is also true that they are shaped by state law. Accordingly, these general perceptions of both marriage and divorce, while not entirely inaccurate, may be just slightly off thanks to the particularities of state law.

Today's post is the first in a series. It will briefly examine some of the more "interesting" marriage and divorce laws from across the country ...

Delaware

In the state of Delaware, couples seeking an annulment (a legal procedure in which a marriage is declared null and void (i.e., it never existed)) have some very interesting options. Some of the reasons listed on the applicable state forms for obtaining an annulment include marrying without the capacity to consent, duress and marrying "because of a jest or dare." 

Montana

Here in Colorado, as well as in Texas, California, and Montana, so-called proxy marriages are permitted. Proxy marriages are those in which someone basically acts as a ceremonial stand-in for a groom or bride who is unable to be present at the ceremony. (Please note, proxy marriages are permitted for members of the United States Armed Forces. These four states allow the practice for civilians).

What makes Montana different from Colorado, Texas, and California, is that is allows double proxy marriages. As such, neither the bride nor the groom need be present at the actual wedding ceremony.

South Carolina

In the state of South Carolina, a man is considered to have broken to the law if "by means of deception and promise of marriage [he] seduces an unmarried woman." Essentially, a man over the age of 16 can face both a fine and imprisonment of up to one year for making a false promise to marry.

To be continued ...

Periodically, this blog will offer posts that communicate significant developments in the area of family law.

This post is provided for informational purposes only and is not to be construed as legal advice.

Stay tuned for further developments in this case from our Denver divorce blog ...

Related Resources:
  
• 10 Obscure Marriage Laws (MSN)