Marriage:
Marriage and the Law
Eligibility
A person age 18 may marry or a person age 16 may marry with the consent of
his/her parents, guardian or the court. A person may not remarry until the
dissolution of any previous marriage is final.
Legal Requirements
Marriage is a civil contract requiring the consent of both parties. It is
necessary to obtain a marriage license and have the marriage solemnized.
Either applicant may apply for a license at
the office of the court administrator in any county. There is a $100 fee.
The marriage license fee for parties who have completed at least 12 hours of
premarital education is $30. In order to qualify for the reduced fee the
content of the education, the person who provides the premarital education, and
proof the education was received must meet specified requirements. For
additional information see Minnesota
Statutes section 517.08.
The marriage license application asks for basic information such as: names,
addresses, ages, previous marriages, children and names after marriage.
The marriage need not take place in the county where the license is obtained.
There is a five-day waiting period before a license may be issued and it is
valid for six months. Blood tests are not required and there is no
residency requirement.
No particular form of ceremony is required to
solemnize a marriage. The law requires that the woman and man declare that they
take each other as wife and husband. This declaration must take place in
the presence of a person authorized to solemnize a marriage and two attending
witnesses. There are alternative provisions for solemnization for certain
faiths.
Residence
The law does not designate the residence of a married woman. However,
court decisions have presumed it to be that of her husband.
Common
Law Marriages
Minnesota does not recognize marriages which do not comply with the requirements
of Minnesota Law. Minnesota does recognize marriages which were legal in
the place they were contracted except in cases where the marriage is between two
persons of the same sex.
Legal
Status
A woman retains the same legal existence after marriage as before and has the
same protection of her rights as a man does. This includes the right to
appeal to the courts in her own name and to sue and be sued. With certain
exceptions, a spouse cannot be compelled to testify against the other spouse in
court.
Name
Social custom, not law, has been responsible for women adopting their husbands'
surnames. Legally, a woman can use any name as long as she does not intend
to defraud anyone. Since 1975, marriage applications in the state have
asked the parties to designate what their names after marriage will be.
Miss/ Mrs./ Ms. are courtesy titles. A name such as Mrs. John Smith is a
social title, not a legal name.
Debts
& Contracts
When living together, both spouses are liable for necessary household items.
Neither spouse is liable for the debts of the other.
A married woman can make any contract she could make if unmarried.
However, real estate contracts and deeds with her husband may be made only to
put property in joint tenancy.
Marriage
and the Law | Marriage
and Money | Legal
Resources
Last Updated:
Tuesday, 22-Aug-2006 16:16:37 CDT (mmp)
|