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Getting Married: An Overview


What to expect before and after getting married.

Getting married: It's a big decision. And it isn't just about making a lifelong commitment to your partner: Marriage is a legal contract. When you get married, you gain not only rights and benefits but also legal and financial obligations.

Definition of Marriage

Marriage is the legal union of two people, who are joined together after they obtain a marriage license from their state and take part in a ceremony. In most states, only a man and a woman can get married, but in Massachusetts, same-sex couples can marry too. In some other states, same-sex partners can enter into marriage-like relationships with rights and obligations similar to those of marriage. )

In some states, heterosexual couples can become legally married without a license or ceremony. This type of marriage is called a "common law" marriage. A common law marriage is created when two people live together for a significant period of time (not defined in any state), hold themselves out as a married couple, and intend to be married.

Before the Wedding

When you get married, the rights and responsibilities of that relationship are defined by the laws of the state in which you live. However, you and your spouse may be able to modify the rules by creating a premarital agreement (for example, you can agree to keep your property separate). Before you say "I do," you might want to consider the following:

  • How should we manage our assets? (Can we keep some items separate?)
  • Should I sign a prenuptial, or premarital, agreement?
  • How can I create a legally binding prenuptial agreement?
  • Do I need a lawyer to make a prenuptial agreement?

Marriage Requirements

Whether you opt for a simple ceremony in City Hall or a black-tie gala with all the trimmings, you'll need to meet some basic requirements and make certain legal and financial preparations for your impending marriage. You'll need to know the answer to these questions:

  • What are the legal requirements for marriage?
  • How can I get a marriage license and certificate?
  • Do we need to get blood tests before getting a license?
  • Who is allowed to perform the ceremony?
Copyright 2007 Nolo

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