Practice Areas

Personal Injury

Family Law

Auto/Car Accidents

Estate Planning/Probate

Real Estate

Putnam Law Office
801 Commerce Dr.
Decorah, Iowa 52101
Tel: (563) 382-2984
Fax: (563) 382-8810
E-mail: info@putlaw.com Blog:http://blog.putlaw.com

Decorah, Iowa Attorney practicing in Iowa primarily in Personal Injury, Family Law, Auto/Car Accidents, Estate Planning/Probate, and Real Estate. Attorneys at Putnam Law Office are dedicated to serving their clients in Iowa, including the cities of Decorah, West Union, Waukon, Cresco, Elkader, New Hampton, Dubuque, Waterloo, Mason City, Waverly, Independence, Charles City, Iowa City, Cedar Rapids, Osage, Davenport, Garner, Eldora, & Clinton, and the communities that make up Winneshiek, Fayette, Allamakee, Howard, Clayton, Chickasaw, Dubuque, Black Hawk, Cerro Gordo, Bremer, Buchanan, Floyd, Johnson, Linn, Mitchell, Scott, Hancock, Hardin, and Clinton counties.

Contact an Iowa Family Law lawyer representing clients in Mason City, Iowa today to schedule your free initial consultation.

Marriage

A marriage is a relationship between or among individuals, usually recognized by civil authority and/or bound by the religious beliefs of the participants. Because marriage often has the dual nature of a binding legal contract plus a moral promise, it is often difficult to characterize.

Traditional

In some form or another, marriage is found in virtually every society. Marriage has traditionally been understood as a monogamous union. In some parts of today’s world, polygamy is a common form of marriage. However, all states prohibit a marriage to more than one person. Marriage is also prohibited between close family members. A few of the more common restrictions are:

1. A marriage between blood related siblings, parent and child, and aunt or uncle and niece and nephew.
2. Generally the minimum age requirement for marriage is 18 years old, although some states permit marriage at a younger age if parents consent to the marriage.
3. One or both parties must meet state residency requirements.

It is mandatory in most states that a formal ceremony of some kind be performed with witnesses and a religious or licensed official.
Federal and state laws give married couples many benefits. Such benefits include:

1. Decision making powers about your spouse in case of disability
2. Claimant rights for loss of consortium (loss of interest that one spouse is entitled to receive from the other, including companionship, cooperation, affection, aid and sexual relations)
3. Certain tax advantages
4. Inheritance rights under state intestate succession laws
5. Federal benefit rights including disability, unemployment, social security, veterans’ pension and public assistance benefits
6. Creating a marital estate fund
7. Receive family rates on insurance
8. Avoid deportation of a non-citizen spouse

In some instances, many couples find it advantageous to consult an attorney about entering into a premarital or prenuptial agreement. This is useful as it allows them to work through financial issues and the potential disagreements that can be created prior to marriage.

Common Law

Common law marriage is a marriage that results from the actions of a couple despite the fact that they have not obtained a marriage license or fulfilled the requirements of a state’s statutory marriage laws. Typically this means that a couple has lived together for a significant period of time, while having an agreement to be married and presenting themselves to the public as husband and wife. No state stipulates the exact time period, but generally a ten year old relationship is required. The evidence to prove the necessary intent includes such things as sharing the same last name, filing of joint tax returns and referring to each other as husband or wife.

Not every state permits common law marriages. As a result of the laws of different states, actions which can result in common law marriage in one state may not provide any legal rights or protections in another.

There are few states that recognize common law marriages:

Alabama
Kansas
Rhode Island
Utah
Colorado
Montana
South Carolina
District of Columbia
Iowa
Oklahoma
Texas

States permitting certain common law marriages:

Georgia (if the elements were met prior to January 1, 1997)
Idaho (if the elements were met prior to January 1, 1996)
New Hampshire (for inheritance only)
Ohio (if the elements were met prior to October 10, 1991)
Pennsylvania (if the elements were met prior to January 1, 2005)

In states which recognize common law marriage, once the requirements are satisfied, the marriage is treated in the exact same manner as any other marriage. Therefore, a valid common law marriage must typically be ended through a formal divorce process.

Premarital/Prenuptial Agreement

A Premarital/Prenuptial Agreement (referred to as “prenup” for short) is a written contract between two people drawn up before marriage. It generally details any and all property either party owns (along with any debts) and what each person’s property rights will be after marriage and sometimes whether alimony will be paid if the couple should divorce. Also, a prenuptial agreement may state what is to be done about property distribution should one of them die.

The Uniform Premarital Agreement Act provides for division of property due to separation, divorce and death, alimony, wills, ownership of property as well as management and control, and life insurance benefits.

The states that have adopted the Uniform Premarital Agreement Act are:

Arizona
Illinois
Nevada
South Dakota Arkansas
Indiana
New Jersey
Texas
California
Iowa
New Mexico
Virginia Colorado
Kansas
North Carolina
Wisconsin
Connecticut
Maine
North Dakota
District of Columbia
Delaware
Montana
Oregon
Hawaii
Nebraska
Rhode Island

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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you consult an attorney for individual advice regarding your own situation.

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If you would like to schedule a free initial consultation, contact an Iowa Family Law attorney, representing clients in Mason City, Iowa at the Putnam Law Office. Give us a call at (563) 382-2984 or email us at info@putlaw.com.