This document provides an overview of family law concepts related to marriage and divorce. It discusses the steps to get married in California, including obtaining a marriage license, the types of marriage licenses available, and requirements like minimum age. It defines key terms like incestuous marriage and bigamy. The document also covers family relationships and outlines duties and rights in marriage like the duty of support and the right to inherit. It confirms same-sex marriage is allowed in California and that a marriage license cannot be obtained by mail.
2. I am not an attorney.
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I am a high school teacher
in California.
I am just trying to teach family law
concepts to teenagers.
3. Family Law Agenda
• Marriage
• Family Relationships
• How property is owned in a marriage
– If a married couple buys a car, who really owns it?
• Four ways to end a marriage
• Five legal decisions when ending a marriage
3
4. Marriage in California—4 steps
1. Fall in love with someone
2. Be a responsible, mature person at least 18
years old
3. Get a marriage license
4. Have a ceremony
4
7. Marriage, Step 1
Fall in love with someone
Not in like
Not in “good enough”
Not in “he picked me”
Not in infatuation
Not in obsession
Not in “why not”
Do not fall in love with love
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10. 13 same-sex marriage states (as of August 2013)
• Rhode Island
• Connecticut
• New York
• Maryland
• Delaware
• Washington
• California
• Minnesota
• Iowa
• Maine
• New Hampshire
• Vermont
• Massachusetts
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11. Marriage, Step 2
Be a responsible, mature
person at least 18 years old
Under 18 is allowed with:
(a) parental permission
(b) counseling
(c) approval of a superior court
judge
11
12. You cannot marry a person directly related
to you by blood—that is called “incestuous
marriage” and is a crime.
12
13. You cannot marry a person directly related
to you by blood—that is called “incestuous
marriage” and is a crime.
Marriages between
– parents and children, ancestors and descendants of
every degree
– brothers and sisters; half brothers and sisters
– uncles and nieces or aunts and nephews
are incestuous, and void from the beginning.
13
14. You cannot marry a person who is currently
married—that is a crime called
“bigamy” or “polygamy”
14
15. You cannot marry a person who is currently
married—that is a crime called
“bigamy” or “polygamy”
Bigamy:
– Married to two husbands or two wives at the same
time
15
16. You cannot marry a person who is currently
married—that is a crime called
“bigamy” or “polygamy”
Bigamy:
– Married to two husbands or two wives at the same
time
Polygamy:
– Married to two or more husbands or two or more
wives at the same time
16
18. To get married in California
You do not have to live in California
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19. To get married in California
You do not have to live in California
You do not have to be a citizen of the USA
19
20. To get married in California
You do not have to live in California
You do not have to be a citizen of the USA
You do not have to have a “blood test”
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27. Marriage, Step 3
Get a marriage license
California requires a marriage license and a
ceremony—so do 38 other states.
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28. Marriage, Step 3
Eleven states allow people to be married just by
saying they’re married and acting like they’re
married.
This is called a “Common Law” marriage.
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37. Marriage, Step 3
Get a marriage license
Three types of marriage licenses in California:
1.Public Marriage License
2.Confidential Marriage License
3.Non-denominational Marriage License
37
39. Public Marriage License
a) Valid for 90 days—you must be married within 90 days
b) This license is public record—anyone can buy a copy
39
40. Public Marriage License
a) Valid for 90 days—you must be married within 90 days
b) This license is public record—anyone can buy a copy
c) Can be used to get married anywhere in CA
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41. Public Marriage License
a) Valid for 90 days—you must be married within 90 days
b) This license is public record—anyone can buy a copy
c) Can be used to get married anywhere in CA
d) One witness of ceremony is required
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42. Public Marriage License
a) Valid for 90 days—you must be married within 90 days
b) This license is public record—anyone can buy a copy
c) Can be used to get married anywhere in CA
d) One witness of ceremony is required
e) $83.00 in Sacramento County
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43. Public Marriage License
a) Valid for 90 days—you must be married within 90 days
b) This license is public record—anyone can buy a copy
c) Can be used to get married anywhere in CA
d) One witness of ceremony is required
e) $83.00 in Sacramento County
f) Both parties must be 18+ years old OR have parental
consent, counseling and Superior Court approval.
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44. Confidential Marriage License
a) Valid for 90 days—you must be married within 90 days
b) This license is NOT open to the public
c) Must be married in the county where license issued
d) No witness of ceremony is required
e) $95.00 in Sacramento County
f) Both parties must be 18+ years old
g) Couple must be living together as a married couple
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45. Non-denominational Marriage License
A Public Marriage License for religious societies that do not
have a person designated to perform marriage
ceremonies (no priest, rabbi, or minister).
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46. Marriage, Step 3
Get a marriage license
(a) Fill out online Application
for Marriage License
https://shadow.saccounty.net/marriage/mrglicense.asp
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47. Marriage, Step 3
Get a marriage license
(b) Both the future
bride and groom must
go together to the
county clerk’s office to
get the marriage
license.
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106. Marriage is a contract
• The contract comes in to existence when the
couple is engaged.
• The contract is executed when the couple is
married.
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108. Married people have duties
• The duty to provide mutual respect
• The duty to be faithful
• The duty to provide support
• A fiduciary duty to treat financial
responsibilities with the highest good faith,
confidentiality, and fair dealing
(California Family Code 720 and 721)
108
110. Married people have rights
• The right to be supported when necessary
• The right to file a joint tax return
• The right to inherit from a deceased spouse
• The right to retain property if the marriage
ends
• The right to money to continue one’s standard
of living if the marriage ends
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120. Property owned by married people
Equitable
Distribution
states
Community
Property
states
120
121. Community property state
All property is owned 50/50 by both spouses no
matter which spouse really “earned” it.
If property needs to be divided between
spouses, each spouse gets 50/50. Just do the
math.
121
122. California
Is a “Community Property” state
Requires a marriage license and a ceremony
Does not allow same sex marriage
122
123. California
Is a “Community Property” state
Requires a marriage license and a ceremony
Does not allow same sex marriage
123
124. California
Is a “Community Property” state
Requires a marriage license and a ceremony
Allows same sex marriage
124
125. Nine states are “Community Property” states
All other states are “Equitable Distribution” states
125
127. Property owned by married people
Equitable
Distribution
states
Community
Property
states
127
128. Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A judge may look at things like…
128
129. Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A judge may look at things like…
Earning power of the spouses
129
130. Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A judge may look at things like…
Age and relative health of the
spouses
130
131. Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A judge may look at things like…
One spouse having done the
work to acquire the property
131
132. Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A judge may look at things like…
Economic fault of one spouse in
wasting and dissipating marital
property
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133. Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A judge may look at things like…
Duration of the marriage
133
134. Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A judge may look at things like…
The responsibility for providing
for children of the marriage
134
135. Equitable Distribution state
If property needs to be divided, it’s not just
divided 50/50. It’s not just a math problem.
A judge may look at things like…
Spousal abuse or marital
infidelity (to penalize the
offending spouse).
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143. Property owned by married
people in California
Separate
property
Community
property
143
144. Separate property
• Things that you owned before you were married
• Things you inherit from your family
• Gifts you receive while married
• Money earned while living “separate and apart”
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145. Separate property
• Things that you owned before you were married
145
Sarah owned a car
before she got
married.
The car is Sarah’s
separate property.
146. Separate property
• Things that you owned before you were married
• Things you inherit from your family
146
147. Separate property
• Things that you owned before you were married
• Things you inherit from your family
147
Kelly is married but when her
dad died, Kelly inherited her
dad’s dog.
The dog is Kelly’s separate
property.
148. Separate property
• Things that you owned before you were married
• Things you inherit from your family
• Gifts you receive while married
148
149. Separate property
• Things that you owned before you were married
• Things you inherit from your family
• Gifts you receive while married
149
Janet received a ruby
necklace from her
husband for Christmas.
The necklace is Janet’s
separate property.
150. Separate property
• Things that you owned before you were married
• Things you inherit from your family
• Gifts you receive while married
• Money earned while living “separate and apart”
150
151. Separate property
• Things that you owned before you were married
• Things you inherit from your family
• Gifts you receive while married
• Money earned while living “separate and apart”
151
Kaitlyn left her husband and moved
into her mother’s house while waiting
for her divorce to be finalized.
The money Kaitlyn earns at Target is
now her separate property.
154. Community property
Except for separate property, all property that
married people accumulate.
154
Tom and Lena,
a married couple,
bought a house.
The house is
community property.
155. Community property
Except for separate property, all property that
married people accumulate.
155
Jim and Ruth
ran up $8,000 in
credit card debt while
married.
The debt is
community property.
156. Community property
Except for separate property, all property that
married people accumulate.
156
Lisa and Hunter, a married couple,
bought a refrigerator.
The refrigerator is community property.
157. Property can be transmuted
Separate
property
Community
property
157
158. Property can be transmuted
Separate
property
Community
property
158
You can change your separate property into
community property if you want to.
159. Property can be transmuted
Separate
property
Community
property
159
Nancy, who owned a
house before she
married Todd, had his
name added to the
ownership papers.
161. My fiancé and I want to get married on a
mountaintop near Lake Tahoe. Can we get
a marriage license in Sacramento?
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162. My fiancé and I want to get married on a
mountaintop near Lake Tahoe. Can we get
a marriage license in Sacramento?
You can get a
public marriage license
for Lake Tahoe, but not a
confidential marriage license.
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164. Premarital agreement
Future bride and groom
write up a paper to
decide how their
property will be
divided in case of…
well… just in case.
164
165. Premarital agreement
• Must be in writing.
• Must be signed by
both future bride and
groom
• Becomes effective
upon marriage.
• Can be changed (in
writing).
165
166. Things that might be mentioned in a
premarital agreement:
• What should happen to personal or real
property upon separation, marital dissolution,
death, or the occurrence or nonoccurrence of
any other event.
• If children are brought into a new marriage, a
premarital agreement may prevent all
property from passing to the spouse upon
death to prevent disinheriting the kids.
166
167. Premarital Agreement
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If Linda, who has three children, marries Darrin
and later dies, all she owns will go to Darrin
and her children may be left with nothing.
Linda might consider a premarital agreement.
177. Ending a marriage
You are asking a judge to:
1. Divide your community property
2. Decide who will pay community debts
3. Decide child custody
4. Set a dollar amount for child support
5. Set a dollar amount for spousal support
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178. Ending a marriage agenda:
Here’s what we’ll learn about…
1. Legal separation
2. Death
3. Annulment
4. Dissolution
178
179. You can end a marriage
without ending it.
179
181. Legal Separation
• Ends the community property
relationship to your spouse.
• Let’s you both go your separate
financial ways.
• But you are both still married…
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182. Legal Separation
Just like a divorce…
You are asking a judge to:
1. Divide your community property
2. Decide who will pay community debts
3. Decide child custody
4. Set a dollar amount for child support
5. Set a dollar amount for spousal support
but you remain married.
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185. Reasons for a legal separation
Religious reasons
It may be against a
spouse’s religion to
divorce.
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186. Reasons for a legal separation
Financial reasons
A sick husband may
want to stay married
to stay on his wife’s
medical insurance
plan.
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187. Reasons for a legal separation
Government Benefits reasons
Staying married for 10 years allows a spouse to
receive Social Security benefits
187
188. Reasons for a legal separation
Residency problem reasons
Legal separation does
not require you to live
in California.
(Dissolution requires
you to live in California
for at least six months.)
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189. Reasons for a legal separation
Reconcile reasons
A spouse may need time
to decide if dissolution
is the right thing to do.
Meanwhile, a legal
separation keeps them
safe from financial
entanglements.
189
190. People who are legally separated
cannot marry anyone else.
190
191. People who are legally separated
cannot marry anyone else.
(They are still married.)
191
206. Ending a marriage
Three ways to end a California marriage:
–Death of a spouse
–Annulment
–Dissolution
California Family Code, section 310
206
207. Annulment
Marriage declared not to have ever happened.
The process of declaring that a marriage never
happened is called an “annulment“.
Annulments are very rare.
Annulments are very rare.
Annulments are very rare.
Annulments are very rare.
Annulments are very rare.
Annulments are very rare. 207
208. Annulment
You are asking a judge to:
1. Declare your marriage void.
2. Divide your community property
3. Decide who will pay community debts
4. Decide child custody
5. Set a dollar amount for child support
6. Set a dollar amount for spousal support
208
209. Reasons for an annulment
Polygamy
I discovered that she was still married to Bill
when we got married. I want an annulment.
Annulments are very rare.
209
210. Reasons for an annulment
Consanguinity
We discovered that we are aunt and nephew.
I want an annulment.
Annulments are very rare.
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211. Reasons for an annulment
Under Age
I’m really only 17 years old. I want an annulment.
Annulments are very rare.
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212. Reasons for an annulment
Fraud
She told me she could have children but after
we were married she admitted that she can’t.
I want an annulment.
Annulments are very rare.
212
213. Reasons for an annulment
Fraud
He only wanted to marry me to get a green card
and live in the United States. I want an
annulment.
Annulments are very rare.
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214. Reasons for an annulment
Force
I was kidnapped or in some other way
unreasonably forced to marry him. I want an
annulment.
Annulments are very rare.
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215. Reasons for an annulment
Unsound mind
I was drunk or otherwise unable to understand
what I was doing. I want an annulment.
Annulments are very rare.
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217. You are legally separated. Your
husband still has your joint credit
card. He purchases $3000 of junk
on E-Bay. Do you have to pay half
the bill?
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218. You are legally separated. Your
husband still has your joint credit
card. He purchases $3000 of junk
on E-Bay. Do you have to pay half
the bill?
No 218
219. You are married but your husband
has moved out of the house. He
still has your joint credit card. He
purchases $3000 of junk on E-Bay.
Do you have to pay half the bill?
219
220. You are married but your husband
has moved out of the house. He
still has your joint credit card. He
purchases $3000 of junk on E-Bay.
Do you have to pay half the bill?
Yes 220
231. Dissolution
You are asking a judge to:
1. Divide your community property
2. Decide who will pay community debts
3. Decide child custody
4. Set a dollar amount for child support
5. Set a dollar amount for spousal support
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232. Dissolution
California is a “no-fault” divorce state.
You do not need a reason to justify
asking for a dissolution.
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234. Reason for Dissolution
Everyone must use the same reason for
asking for a dissolution in California…
“Irreconcilable differences”
234
235. Reason for Dissolution
You can just skip the entire “Grounds for
Divorce” section of Chapter 26 on pages
380-385.
“Grounds for Divorce” means “Reasons for
Divorce”—we don’t have any except…
235
236. Reason for Dissolution
You can just skip the entire “Grounds for
Divorce” section of Chapter 26 on pages
380-385.
“Irreconcilable differences”
“Grounds for Divorce” means “Reasons for
Divorce”—we don’t have any except…
236
238. How many months do you have to
live in California before you can get
married in California?
238
239. How many months do you have to
live in California before you can get
married in California?
Zero months.
(California has no
marriage residency requirement.)
239
241. Dissolution Residency Requirements
You must have lived in:
1. California for the last 6 months
2. The county in which you plan to file
for the last 3 months
241
242. Dissolution
Get papers to start the dissolution
process and submit them to the
county’s Superior court.
242
244. Dissolution
You are asking a judge to:
1. Divide your community property
2. Decide who will pay community debts
3. Decide child custody
4. Set a dollar amount for child support
5. Set a dollar amount for spousal support
244
245. Spousal Support
Money that one ex-spouse pays to
the other ex-spouse to help
“maintain one’s style of living”
for a time after a dissolution.
245
246. Spousal Support
Money that one ex-spouse pays to
the other ex-spouse to help
“maintain one’s style of living”
for a time after a dissolution.
“Alimony”
246
250. Dissolution
You are asking a judge to:
1. Divide your community property
2. Decide who will pay community debts
3. Decide child custody
4. Set a dollar amount for child support
5. Set a dollar amount for spousal support
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251. Please don’t use the “v” word…
• Sometimes a child lives with their mother and
sometimes they live with their father.
251
252. Please don’t use the “v” word…
• Sometimes a child lives with their mother and
sometimes they live with their father.
• Even if you live with your father for a few
hours a week, you’re still living with him.
252
253. Please don’t use the “v” word…
• Sometimes a child lives with their mother and
sometimes they live with their father.
• Even if you live with your father for a few
hours a week, you’re still living with him.
• You are not “v****ing” him.
253
254. Please don’t use the “v” word…
• Sometimes a child lives with their mother and
sometimes they live with their father.
• Even if you live with your father for a few
hours a week, you’re still living with him.
• You are not “v****ing” him.
• Please don’t use the “v” word. It’s insulting.
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