Every state has its own laws pertaining to marriage, divorce, and annulments.
student #1
E A
DB Forum
Question 1:
Every state has its own laws pertaining to marriage, divorce, and annulments. However, every state has laws that “establish an age capacity to marry” which prevents any party under a certain age to marry, even if they have parental consent. Mary. E Wilson, Family Law for the Paralegal 116 (3rd ed. 2017). States also set an age in which a marriage can only take place with parental consent and/or approval from the courts if the party seeking marriage is above the age capacity but under the age of consent. Id at 116. In order to qualify for an annulment, you must be able to prove that your marriage is voidable. Typically, this is what is required of the party who is challenging the validity of their marriage and is known as “burden of proof” which proves a “state law or regulation was violated at the time the marriage was entered.” Id at 121. Under the assumption that Roger and Vicki had a valid marriage, where parental consent and/or court approval is evident, and that Roger was aware of Vicki’s underage status at the time of marriage, I would say that their marriage does not qualify for annulment and that it calls for divorce. Also, the client, Vicki, states the reasoning for the divorce is due to “marital difficulties.” According to the textbook, “the vast majority of cases, the cause for divorce arises during the marriage.” Id at 110. Taking all of this into consideration, the length of marriage (7 years), the birth of a child (Nicholas), the validity of the marriage, and the reasoning for separation, my response would be consistent even if it was the husband, Roger, seeking the divorce. From a Biblical standpoint, it is said that man and wife should not separate. There are many different writings throughout the Bible stating that this is an act of adultery and that divorce is not a valid option. “10 To the married I give this charge (not I, but the Lord): the wife should not separate from her husband 11 (but if she does, she should remain unmarried or else be reconciled to her husband), and the husband should not divorce his wife.” 1 Corinthians 7:10-11. “To the married I give this charge (not I, but the Lord): the wife should not separate from her husband.” 1 Corinthians 7:10.
References:
Wilson, Mary E. Family Law for the Paralegal (3rd ed. 2017).
1 Corinthians 7:10-11. English Standard Version
1 Corinthians 7:10 English Standard Version
Student #2
E L
Forum 2 – Annulment
An annulment can take place when certain legal grounds are present that can null and void the marriage because of some from of impediment that exists within the marriage. Mary E. Wilson, Family Law for the Paralegal 109 (3rd ed. 2017). Getting an annulment is not a very easy thing to accomplish, as there are very strict grounds required that will actually allow an annulment to be approved. These legal grounds vary between states, but several remain the same. Id. at 113. One of the general grounds for an annulment are related to the legal capacity of the individuals, which can include nonage/underage, bigamy/polygamy, and gender. Id. at 116.
Vicki should seek an annulment. She was only seventeen when she and Roger were married and if she did not have parental consent, or if she was not already pregnant, then she will qualify for an annulment. Id. If Roger was seeking to end the marriage, he would also be able to seek an annulment based on Vicki being underage at the time of the marriage, as long as she did not have parental consent and she was not currently pregnant. Id. When one party or both parties lack the legal capacity to marry, the marriage is considered void from the beginning. Id.
God does not look favorably on divorce. Malachi 2:16 (King James Version) states that God hates divorce and divorce does harm to that that man is supposed to protect. 1 Corinthians 7:10 (King James Version) states that neither husband nor wife should divorce one another; if divorce occurs, the wife should not remarry unless to reconcile with her husband. It is preferred that Christian couples love and honor one another and let God work through them and their marriage.
Answer preview Every state has its own laws pertaining to marriage, divorce, and annulments.
APA
278 words