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17 Cards in this Set
- Front
- Back
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Does Maryland recognize a claim for breach of a promise to marry?
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Only when the plaintiff is pregnant.
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Is a second marriage in violation of MD's bigamy statute void?
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Yes.
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Does a defective marriage ceremony void a marriage?
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No if the parties have a good faith believe a valid ceremony occurred, renders marriage voidable, not void.
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How many years must a spouse be missing before one can remarry?
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7 years and can request an order declaring the spouse dead.
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How old do individuals have to be to marry?
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18 years without parental consent.
16-17 parental consent or pregnancy required. 15 parental consent and pregnant required. Under 15 no marriage allowed. |
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Does MD recognize common law marriage ?
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No. However MD may recognize common law marriages from other jurisdictions.
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Under what circumstances does MD recognize the common law marriage of another jurisdiction?
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1. The other jurisdiction recognizes common law marriage.
2. the parties intend to be married. 3. the parties reach agreement. 4. make a public declaration. and 5. continuously cohabit. |
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What does the term void mean in relation to marriage?
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Void means that it never existed legally: consanguinity, bigamy, and by statute. i.e. gender.
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What is direct attack to a marriage?
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Action for annulment or divorce etc.
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What is a collateral attack to a marriage?
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An action in which the challenge to the marriage is incidental to another type of action. i.e. challenge to a will
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Is it necessary to go to court to have marriage declared void?
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No, however a formal legal declaration that the marriage is void may be desirable.
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What defects can make a marriage voidable?
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No license
No ceremony Under age, Insanity Intoxication Duress, and Fraud |
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What is annulment?
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Annulment is a legal determination that a marriage did not exist and procedure to have marriage declared void, whether void or voidable.
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What are the 8 grounds to annul a marriage in MD?
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Family Law-Based Theories
1. Failure to have a license or ceremony 2. Bigamy 3. Consanguinity Contract 1. Age 2. Insanity 3. Intoxication 4. Duress 5. Fraud |
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What is divorce?
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A legal determination by the state which ends a marriage.
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What are the two types of divorce in MD?
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Absolute -permanent, ends property claims, and allows remarriage.
Limited-allows aggrieved spouse to live apart from and receive support from the other spouse, temporary, no remarriage allowed, permits temporary relief. |
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What are the grounds for absolute divorce?
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Seems Almost Every Divorce Involves Inherently Vicious Conduct.
Separation(2yliveapartnosex) Adultery (no waiting) Excessively Vicious Conduct(no waiting absent reasonable expectation of reconciliation). Desertion-Actual or Con Insanity Incarceration-felony or misdemeanor (3y, served 1yr). Voluntary Separation Cruelty |
