Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
Where the parties live together ostensibly as husband and wife, demeaning
themselves toward each other as such, and are received into society and
treated by their friends and relations as having and being entitled to
that status, the law will, in favour of morality and decency, presume that
they have been legally married. This is the rule accepted with but slight
qualifications in all of the States. The cohabitation of the parties
coupled with the general reputation of being husband and wife is, however,
at the best _prima facie_ evidence sufficient for the purposes of a civil
suit. In criminal prosecutions for adultery or bigamy, marriage is a
necessary ingredient of the offence, and must be directly established.
PROOF OF MARRIAGES ABROAD.--In the absence of special statutes requiring a
marriage abroad, or in another State to be proven in a particular manner,
a foreign marriage can only be established by authenticated copies of the
original records, or by proving as a matter of fact what the legal
requirements for marriage are in the other country or State, together with
proof that such requirements have been complied with. Of course, it is
always necessary to identify the parties to any record.
CONSANGUINITY AND AFFINITY.--By an Act of Congress applicable to all the
Territories marriage within and not including the fourth degree of
consanguinity computed according to the civil law is forbidden. This is
with but slight variation the rule adopted by each of the States.
SOURCES OF LAW.--The laws of marriage in the several States and
Territories originate from the law on that subject as it existed in
England at the time of the adoption of the Federal Constitution, as
subsequently modified by State legislation and local judicial
interpretation.
The law of divorce as it exists in the several States is entirely of local
creation.
In the remainder of this chapter each State and Territory of the United
States and the District of Columbia is considered separately.
ALABAMA.
MARRIAGE.--The marriageable age for males begins at 17 years and for
females at 14 years of age.
Males under twenty-one years and females under eighteen years require the
consent of their parents to lawfully conclude marriage.
The essence of marriage which is considered as a civil contract is the
free consent of both parties.
IMPEDIMENTS.--The son must not marry his mother or stepmother, or the
sister of his father or mother, or the widow of his uncle. The brother
must not marry his sister or half-sister, or the daughter of his brother
or half-brother, or of his sister or half-sister. The father must not
marry his daughter or granddaughter, or the widow of his son. No man shall
marry the daughter of his wife, or the daughter of the son or daughter of
his wife; and all such marriages are declared incestuous.
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