An Overview of No Fault and Fault Divorce Law

No Fault Divorce
A no fault divorce refers to a type of divorce in which the spouse that is filing for divorce does not have to prove any fault on the part of the other spouse. All a spouse has to do is give any reason that the state honors for the divorce. The most commonly given reason is "irreconcilable differences" or an "irreparable breakdown of the marriage." These are just fancy ways of saying that the couple does not get along and that the marital relationship cannot be repaired. A spouse cannot object to another's petition for no fault divorce, as that objection itself is viewed by the court as an irreconcilable difference.
All states recognize no fault divorces, but some states require that the spouses live separately for a designate period of time before either of them can file for a divorce.
Fault Divorce
Fault divorces are not as common, and in fact, most states no longer even recognize them. In the states that do recognize them, one of the spouses requests that a divorce be granted based on some fault of the other spouse. The most common grounds for granting a fault divorce are:

• Adultery
• Abandonment for a certain length of time
• Prison confinement
• A spouse is physically unable to have sexual intercourse
• Inflicting emotional or physical pain (cruelty)

No state requires the spouses seeking a fault divorce to live apart for a specific period of time, unlike a no fault divorce. Proving fault also often provides the spouse without fault with a larger portion of the marital property or support. These two characteristics make a fault divorce more attractive to some people.
Comparative Rectitude
When both spouses seek a fault divorce and can both prove the other spouse is at fault, the court decides which one is least at fault. That party will be granted the divorce. This is called "comparative rectitude." This doctrine was created to address the problem of courts granting neither party a divorce if they were both at fault. Courts have a public policy interest in not forcing two people to stay married if they don't want to be.
Defenses to a Fault Divorce
Unlike a no fault divorce, a spouse can object to a fault divorce by disproving or presenting a defense to the fault complained of. The following is a list of common fault divorce defenses:

• Connivance is an absolute defense to adultery. Connivance alleges that the complaining spouse agreed to and even participated in the infidelity. It makes sense that a couple who voluntarily participates in group sex cannot then go and complain of adultery. Similarly, a spouse who prostitutes the other or who facilitates the other's infidelity cannot thereafter claim adultery as grounds for divorce.
• Condonation is a claim that the other spouse knew about the complained of conduct, forgave such conduct, and resumed the marital relationship. This is typically used to defend an adultery accusation.
• Recrimination is when the complaining spouse is equally at fault or engaged in similar conduct. For example, if both spouses had affairs, neither one would be able to use adultery as grounds for a fault divorce.
• Provocation is where one spouse is enticed by the other spouse to act in a certain way. For example, where one spouse abuses the other spouse, which forces that other spouse to leave the marital home, the abusive spouse would not be able to then use abandonment as grounds for divorce, since it was his or her abuse that caused the other spouse to leave.
• Collusion refers to an agreement between both of the spouses to fabricate the grounds for divorce. If one of the spouses changes his or her mind, collusion could be raised to lessen the original grounds for the fault divorce.

Proving any of these defenses can be costly, timely, and often involves the use of witnesses. Furthermore, courts have an interest in not forcing people to stay married who don't want to be married, and so usually grant divorces to people who ask, despite defenses given by the other spouse. These reasons typically defer people from attempting defenses.
Residency Requirements for Filing for Divorce
Because state laws vary regarding fault divorce and no fault divorce, it is important to understand where you or your spouse could potentially file for divorce. Most states have a residency requirement, meaning that at least one of the spouses must have been a resident of that state for a specified length of time--usually six months to one year--in order to file for divorce there. However, Washington, South Dakota, and Alaska have no required length of time. To file in one of those states, you merely need to be a resident of that state at the time you are filing.
It is in your best interest to have your divorce filed in the state you are living in. Divorce proceedings often take more than one court visit and you will have to bear the expense and burden of traveling. Also, whichever court orders the divorce decree is the same court that must hear all other matters, including changes. For example, if your spouse files for and receives a divorce in Illinois, and the two of you want to revise your child custody arrangement, you must return to that Illinois court that granted the initial divorce. If you live in Missouri, this could cause you years of inconvenient and expensive interstate travel.
Divorce Orders of One State, Valid in All States
Courts of all states like to honor decisions made by courts of other states, because courts want the same respect paid to their decisions. Therefore, going back to the preceding example, if your spouse files in Illinois, this divorce and all of the court orders related to it, apply to you in your Missouri home.
However, the court may not have personal jurisdiction over the nonresident spouse at the time of the divorce proceeding, rendering certain court decisions invalid. A court gets jurisdiction over someone by that person being present in the state when he or she is personally served with the divorce papers, or when he or she consents to the jurisdiction by appearing at the court proceedings, signing off on receiving the legal papers, or fulfilling a court-ordered duty. A lack of personal jurisdiction means that although the divorce decree is valid, other related decisions, such as child custody, support, and property division, may be invalid.
It is always best to consult an attorney if you receive documents from a foreign state, but especially if you receive papers from a foreign country. There are many jurisdictional issues, such as what country is involved, where the spouses live or have lived, and where the children (if any) live. A lawyer will be the best person to help you sort through all of these issues and advise you on what to do.
Next Steps: Have your Divorce Case Reviewed for Free
The concepts of a no fault divorce and a fault divorce are state-specific and can also be confusing. If you aren't sure of the laws in your jurisdiction, your best course of action is to speak with an experienced divorce lawyer. A divorce lawyer will go over the laws of your state and provide you with a free initial case review at no obligation.

Where to Get Help for Child Abuse

Children need love and support, which is why child abuse is so devastating. Knowing where to get help for child abuse (and summoning the courage to do so) can be difficult, but resources are available. Abused children may require counseling, help from child protective services (CPS), legal advocacy, or other assistance. Also, child abuse cases are tried in criminal courts, while decisions directly affecting the welfare of a child are typically handled in family court.
This article focuses on where to get help for child abuse, regardless of whether the crime has been reported. See How to Report Child Abuse to learn how to notify the proper authorities if you or a loved one has been victimized. See FindLaw's Child Abuse section for more articles and resources.
How to Recognize Child Abuse
Child abuse victims often are too scared or ashamed to tell anyone about their ordeal. Additionally, they may encounter skepticism if they do tell someone (especially if the alleged abuser is a relative or family friend). Other victims may be in denial despite showing signs of abuse, perhaps conditioned to believe that abuse is a normal part of childhood. Some of the warning signs of child abuse include:

• Unexplained burns, cuts, or bruises;
• Internal injuries or broken bones;
• Extreme thirst or hunger;
• Far-fetched stories about how injuries were sustained;
• Lack of cleanliness or personal hygiene; and
• Unusual knowledge of sex at a young age.

Trustworthy adults, especially those considered "mandatory reporters," can help abused children get the protection and emotional support they need. Here are some tips:

• Call a child abuse prevention organization such as Childhelp, via the Child Abuse Hotline at 1-800-4-A-CHILD (1-800-422-4453) for more information and next steps.
• Don't jump to conclusions: kids often get banged up when they play (or get into fights with peers).
• Encourage the child to document the incidents of abuse and to tell as many other trusted adults as possible.
• If you are the alleged victim's parent or legal guardian, schedule the child for a doctor's exam and/or psychiatric evaluation.

Reporting Child Abuse
The best way to stop child abuse is to report it to local authorities, who will conduct an investigation and potentially prosecute the abuser. Organizations dedicated to preventing may also have helpful resources and information. See How to Report Child Abuse for more details.
Child Advocacy Centers
If a case is filed, the abused child (and non-abusing family members) may need the help of a children's advocacy center (CAC). CACs are publicly funded entities that work with local police and CPS officials to help abused children get the care and services they need. Even in instances where police and CPS fail to take action (perhaps for lack of evidence), CACs can help facilitate a forensic interview, take photos, collect evidence, and provide medical care. Often the evidence gathered by CACs is presented to prosecutors for consideration.
See the Department of Health and Human Services' Child Advocacy Centers section to learn more.
Getting Out of an Abusive Environment
While the criminal justice system will handle a case against an alleged abuser, family courts generally address a child's welfare. This may include placement in a foster home; counseling services; or, if the abuse was at the hands of a custodial parent, termination or restriction of visitation rights.
In some child abuse or neglect cases—such as a mother leaving a child in the car while making a quick grocery stop—the offending parent may temporarily have to report to a social worker. But children in imminent danger of abuse are usually removed and placed temporarily in a foster home until authorities determine that the home is safe for the child. In extreme cases where this does not happen, the child may be permanently removed from the home and placed for adoption with another family.
For more information about where to get help for child abuse and how to report the crime, see Child Abuse Cases and Child Abuse Information by State.
Need More Help? Get A Free Review Of Your Situation Today
One of the reasons people may not report child abuse is out of fear that it will break up a family and result in the child's placement in foster homes. However, child abuse itself breaks up a family and there are a variety of possible outcomes that could result from reporting abuse, all of which would be in the child's best interest. It's never too late to act and there are family law attorneys in your area who can provide you with a free and confidential review of your situation.

How to Report Child Abuse

Child abuse can take many different forms—physical, emotional, and sexual—but it always causes harm to the child. Each state has slightly different child abuse laws and procedures for prosecuting charges like assault and battery or child endangerment. To fight child abuse, it\’s important to look out for the telltale signs of abuse, including unexplained bruises or injuries, withdrawal from peers, and fear of going home. Once you suspect a child is being abused, knowing how to report child abuse and making the report is the key to ending the abuse.
Teachers, physicians, counselors, clergy, and other adults who have regular access to children are considered "mandatory reporters" of child abuse in most states. In other states, anyone suspecting abuse is a mandatory reporter. Failure to report by a mandatory reporter or the filing of false reports by anyone can be a crime punishable by a fine and/or jail sentence. Anyone who believes a child is being abused should report it to authorities. Here's how:
How to Report Child Abuse: State Procedures
In most states, the process begins with an anonymous phone call from the child or a relative, parent, witness, or mandatory reporter. The authorities who take the call will ask questions about what happened or what was observed. The authorities will ask additional questions to determine the credibility of the allegations. If a formal report is taken, a Child Protective Services worker will begin an investigation. The investigation may involve speaking with the child, his or her family, and other adults in the child\’s life. The following is a sampling of state child abuse reporting procedures:

• California – California Child Protective Services will determine whether an in-person response is necessary after the initial report. To report child abuse or neglect, call your county's emergency response hotline.
• Illinois – Investigations into child abuse must be opened within 24 hours of the report or sooner if the child is in risk of imminent harm. Roughly 1 in 4 hotline calls result in a formal report and investigation.
• Texas – Anyone who suspects child abuse is required to report it to the state's Department of Family and Protective Services, which records the names of reporters but keeps them confidential. The time frame for investigations vary by the severity of the allegations.

To contact the agency responsible for receiving and investigation child abuse & neglect reports in your state, visit the list of phone numbers and web addresses of state agencies maintained by the Child Welfare Information Gateway.
Reporting Child Abuse: Federal Assistance
As with most crimes against individuals, child abuse is prosecuted in state courts. However, the U.S. Department of Health & Human Services (HHS) provides support through its Child Welfare Information Gateway, which promotes the Childhelp National Child Abuse Hotline. The hotline provides anonymous crisis assistance, counseling, and referral services 24 hours a day, 7 days a week at 1-800-422-4453.
Knowing how to report child abuse is extremely important, especially since it usually occurs behind closed doors. See FindLaw\’s Child Abuse Laws and Child Abuse Resources sections for more information.

Do's and Don'ts: False Allegations of Child Abuse

As public awareness of child abuse increases, more and more reports of possible abuse are being made. Conscientious reporters are taking the necessary first steps to protect children. Not all reports of abuse are substantiated, however. Sometimes, even when the reports are made in good faith, further investigation reveals that the accusations are not true. In yet other situations, false allegations are intentionally raised in order to harm the subject of the allegations, such as in a bitter divorce in which custody of the children is contested. If you find yourself the victim of false allegations, whether from a well-meaning source or an embittered spouse or ex-spouse, you need to take immediate counter-action. The following tips, together with expert legal counsel, can head you in the right direction.

THE DO's

DO attempt to prevent the possibility of false allegations by avoiding being with children without another adult present. Day care workers, scout leaders, coaches, and others who could be the target of false allegations can lessen the likelihood of those charges sticking by having another adult present who can corroborate that nothing inappropriate happened.
DO attempt to resolve custody disputes amicably in order to avoid the possibility of an angry spouse or former spouse using false allegations as a means of punishment or obtaining custody.
DO avoid engaging in any conduct that could be deemed inappropriate when dealing with children, such as making sexually suggestive comments, telling dirty jokes, rough-housing, or engaging in overly aggressive horseplay.
DO hire an experienced attorney if someone levies false allegations against you. Even if you trust that the truth will prevail, or that the accuser will calm down and retract the accusations, it is imperative that you consult with an attorney who knows the legal issues and system involved and can safeguard your interests.
DO educate yourself about the subject of false allegations of child abuse so that you have a greater understanding of the situation, can protect yourself, and can work as a partner with your attorney.
DO contact your attorney with questions and concerns, and keep him or her apprised of developments in your situation.
DO contact friends, neighbors, co-workers, and family members who may be willing to testify on your behalf, either by written affidavit or in court.
DO maintain your positive relationships with your children when the allegations arise out of a custody dispute, and understand that the children are not responsible for the false allegations and resulting turmoil. Even if they say the words that support the allegations, understand that false accusations can be planted in children's minds through no fault of their own.
DO appreciate that allegations of child abuse must be taken seriously and investigated. Even though you know that in your case the accusations are groundless, in many cases they are not, so in the interests of all children further investigation is generally necessary.

THE DON'Ts

DON'T abuse your children, or any others, physically, emotionally, or sexually.
DON'T put yourself in any unnecessary situations that could give rise to suspicion, such as by accompanying children to the bathroom, helping them change clothes, or bathing them. If your job requires such activities, it is always best if another adult is present during all circumstances that could be wrongly interpreted.
DON'T be passive if false accusations are raised. Take immediate action to protect yourself.
DON'T be afraid to ask your attorney questions before retaining him or her, and as your case progresses.
DON'T admit to anything you did not do, even if may seem simpler to do so. A conviction for child abuse has long-lasting, far-reaching implications, and can have an adverse effect on future employment, future relationships, and your future in general.
DON'T lose your temper with the authorities involved in your case. As angry as the situation may make you, losing control could be used as evidence to support the allegations.
DON'T give up. It may be the ugliest battle of your life, but overcoming and disproving false allegations of child abuse is without a doubt worth the effort.
Next Steps: Get a Free Case Review from a Legal Expert
If you've been falsely accused of child abuse allegations by a spouse, family member, or mandated reporter, you likely have many questions. While this can be a devastating time for you, let a legal expert assist you along the way. A family law attorney with the necessary background and experience can review your case free of charge and help you devise a plan of action going forward.

Child Abuse Information by State

Information on child abuse doesn't have to be difficult to find if you know where to look. Federal legislation provides guidance to states, and states must make their own criminal and civil statutes within the confines of federal law. Although child abuse is a nationwide problem, child abuse laws vary from state to state. Therefore, it is important to turn first to your own state laws and resources when educating yourself on the subject. Here you will find a wide variety of information regarding child abuse including: child abuse hotlines, child protective services, and reporting guides organized by state.
National

• Child Welfare Information Gateway (U.S. Department of Health and Human Services)
• Recognizing Child Abuse and Neglect: Signs and Symptoms
• MedlinePlus: Child Abuse (National Library of Medicine)
• Child Abuse Manual [PDF] (U.S. Army Community and Family Support Center)

Alabama

• Alabama Child Abuse and Neglect Prevention Board
• Child Abuse FAQs (Alabama Department of Human Resources)

Alaska

• Reporting Child Abuse and Neglect in Alaska (State of Alaska - Office of Children's Services)

Arizona

• Child Protective Services (Arizona Department of Economic Security - Division of Children, Youth, and Families
• Categories of Abuse and Neglect (Division of Children, Youth, and Families)
• Office of Prevention and Family Support

Arkansas

• Arkansas Child Abuse and Neglect Prevention Board

California

• Abuse & Neglect: Information for Parents (Judicial Council of California)
• Juvenile Dependency Forms

Colorado

• Tennyson Center for Children

Connecticut

• Reporting Child Abuse and Neglect Q&A (Department of Children and Families)

Delaware

• Learn the Signs of Child Abuse (Department of Services for Children, Youth, and Their Families)
• The Professionals' Guide to Reporting Child Abuse and Neglect (DSCYF brochure) [PDF]
• Child Abuse/Neglect Mandatory Reporting Form

District of Columbia

• Counsel for Child Abuse and Neglect (CCAN) Office (District of Columbia Courts)
• Plan for Furnishing Representation in Neglect Proceedings in the District of Columbia [PDF] (District of Columbia Courts)
• Superior Court of the District of Columbia Child Abuse and Neglect Attorney Practice Standards[PDF] (District of Columbia Courts)
• Juvenile and Neglect Branch (District of Columbia Courts)

Florida

• Florida Abuse Program (Department of Children & Families)
• DCF Forms
• A Parent's Guide to Juvenile Dependency Court

Georgia

• Ways To Prevent Child Abuse [PDF]
• How To Report Child Abuse or Neglect (Department of Family and Children Services)

Hawaii

• Hawai'i Children's Justice Centers (Hawai'i State Judiciary)

Idaho

• Child Protection (Idaho Supreme Court)

Illinois

• Guide for Parents to Juvenile Court Abuse and Neglect Proceedings [PDF] (Illinois State Bar Association)
• Child Protection (Illinois Department of Children & Family Services)

Indiana

• Bureau of Family Protection and Preservation (Indiana Family and Social Services Administration)
• Do I have to report suspected child abuse? (Indiana Legal Services)

Iowa

• Child Abuse: Guide for Mandatory Reporters [PDF] (Iowa DHS)

Kansas

• Child Abuse Report Guide [PDF] (Kansas DCF)

Kentucky

• Juvenile Dependency, Neglect and Abuse Petition [PDF] (Kentucky Court of Justice)

Louisiana

• Reporting Child Abuse or Neglect FAQ (Louisiana Department of Social Services)
• Louisiana Children's Trust Fund

Maine

• Child Protection (MN Child and Family Services)
• Maine Caring Families (Child Welfare Training Institute)

Maryland

• Petition For Protection From Domestic Violence/Child Abuse/Vulnerable Adult Abuse(District Court of Maryland)
• Dictionary (for Use With Petition For Protection from Domestic Violence, Child Abuse, and Vulnerable Adult Abuse) [PDF]

Massachusetts

• Child Abuse and Neglect (Massachusetts Department of Social Service )

Michigan

• A Model Child Abuse Protocol - DHS Pub-794 [PDF] (Michigan Department of Human Services)
• Childhelp Michigan

Minnesota

• Reporting Child Abuse and Neglect: A Resource Guide to Mandated Reporters [PDF] (Minnesota Department of Human Services)

Mississippi

• Child Protective Services (CPS) (Division of Family and Children Services)

Missouri

• Child Abuse and Neglect (University of Missouri Extension)
• Child Protection Forms (Missouri Judiciary)

Montana

• What Happens Next? A Guide to the Child & Family Services Division (CFSD) [PDF] (Montana Child & Family Services Division)

Nebraska

• Guide for Foster Parents and Relative Caregivers [PDF] (University of Nebraska-Lincoln)

Nevada

• Child Protective Services (Clark County Dept. of Family Services)

New Hampshire

• Child Sexual Abuse (New Hampshire Coalition Against Domestic and Sexual Violence)

New Jersey

• Child Abuse and Neglect FAQs (Hudson Vicinage - Family Division)
• New Jersey Division of Youth and Family Services

New Mexico

• Definitions of Abuse & Neglect
• Reporting Child Abuse New Mexico Youth and Families Department

New York

• Child Protective Forms (New York State Unified Court System)
• Prevent Child Abuse New York
• Shaken Baby Syndrome (New York Department of Health)

North Carolina

• Child Protective Services

North Dakota

• North Dakota Child Protection Program (North Dakota Department of Human Services)
• CPS Factsheet [PDF]
• Report of Suspected Child Abuse or Neglect [PDF]
• Protective Service Alert Report [PDF]
• Understanding the Indian Child Welfare Act (ICWA) [PDF] (North Dakota Department of Human Services)

Ohio

• Protective Services (fact sheet) [PDF] (Ohio Department of Job and Family Services)
• What to do if a Child Reports Abuse or Neglect [PDF] (Ohio Department of Job and Family Services)
• You Can Help Prevent Child Abuse [PDF] (Ohio Department of Job and Family Services)

Oklahoma

• Child Protective Services Unit (Oklahoma Department of Human Services)

Oregon

• Child Abuse & Neglect (Oregon Department of Human Services)
• Child Abuse & Neglect Risk Factor Checklist [PDF]
• What You Can Do About Child Abuse [PDF]

Pennsylvania

• Child Abuse Reports

Rhode Island

• Risk Factors - Repeat Allegations of Abuse or Neglect (Rhode Island Department of Children, Youth and Families)

South Carolina

• Child Protective Services (South Carolina Department of Social Services)

South Dakota

• Report Abuse and Neglect (South Dakota Child Protection Services)
• Child Abuse and Neglect Mandatory Reporting (South Dakota Child Protection Services)

Tennessee

• Tennessee Department of Children's Services
• Child Abuse Reporting
• Preventing Sexual Abuse of Children [PDF] (University of Tennessee Extension)

Texas

• Child Abuse [PDF] (State Bar of Texas)
• What Can We Do About Child Abuse? (Texas Attorney General)

Utah

• Prevent Child Abuse Utah
• Child Abuse Prevention (Division of Child and Family Services)

Vermont

• Reporting Child Abuse (Vermont Department for Children and Families)
• How to Report Suspected Child Abuse & Neglect [PDF]

Virginia

• Child Abuse & Foster Care Prevention (Virginia Department of Social Services)

Washington

• What is Child Abuse and Neglect? (Washington Department of Social and Health Services)

West Virginia

• Reporting Child Abuse and Neglect (West Virginia Department of Health and Human Resources)

Wisconsin

• Child Abuse Restraining Orders/Injunctions (Juvenile Court) (Wisconsin Circuit Courts)

Wyoming

• Mandatory Reporting of Child/Vulnerable Adult Abuse/Neglect/Exploitation (Wyoming Department of Family Services)
• How to Make a Report [PDF]
• Signs and Symptoms of Abuse/Neglect/Exploitation [PDF]
• Wyoming Division of Victim Services

Get The Help You Need With A Free Case Review
Child abuse is a tragic epidemic that can scar a child for the rest of his or her life. While only the abuser is responsible for the abuse, what allows it to continue is inaction by others who may see the warning signs. Don't take a chance with a child's life and future. While law enforcement can provide immediate assistance, what's ultimately needed is a long-term solution and that's where a family law attorney can help. Contact one today for a free initial evaluation of your case.

Child Abuse Laws State-by-State

All states have child abuse laws that are designed to help protect children at each stage in the timeline of abuse. For the first stage, states have implemented mandatory and permissive reporting laws – with immunity (and in most states, anonymity) granted to reporters of known or suspected child abuse. Mandatory and permissive reporting laws help to raise awareness of child abuse and bring the authorities in early to intervene. The second stage of child abuse laws are definitional in nature. States differ quite a bit on what constitutes child abuse, especially when it comes to exemptions.
At the third stage comes administrative services, where the courts work with social services to determine a safe and supportive environment for the child if the child is to be taken away from his or her family. Each state has vastly different statutory law and case law, and much of this process is up to the discretion of a judge, so if you have an issue at this stage of the process, it is critical that you seek the help of a qualified attorney.
Below is a sampling of the variety of child abuse laws, and how they vary state-by-state.

Alabama	Statute defines child abuse as harm or threatened harm of physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury against a child under the age of 18. Statute contains an exemption for religious reasons for a parent's failure to obtain medical help for the child.
Alaska	Statute defines child abuse as harm or threatened harm of physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury of a child under the age of 18. Statute contains an exemption for religious reasons for a parent's failure to obtain medical help for the child.
Arizona	Statute defines child abuse as inflicting or allowing physical abuse, neglect, sexual abuse, sexual exploitation, emotional/mental injury, or abandonment of a child under the age of 18. Statute contains an exemption for Christian Scientists or unavailability of reasonable resources for a parent's failure to obtain medical help for the child.
Arkansas	Statute defines child abuse as intentionally, knowingly, or negligently without cause inflicting physical abuse, neglect, sexual abuse, sexual exploitation, abandonment or emotional/mental injury of a child under the age of 18. Statute contains exemptions for poverty or corporal punishment.
California	Statute defines child abuse as inflicting by non-accidental means physical abuse, neglect, sexual abuse, or sexual exploitation of a child under the age of 18. Statute contains exemptions for religion, reasonable force, and informed medical decision.
Colorado	Statute prohibits threats to a child's health and welfare due to physical abuse, neglect, sexual abuse, sexual exploitation, emotional/mental injury, or abandonment. Statute contains exemptions for corporal punishment, reasonable force, religious practices, and cultural practices.
Connecticut	Statute prohibits injuries inflicted by non-accidental means involving physical abuse, neglect, sexual abuse, sexual exploitation, emotional/mental injury, or abandonment. Statute contains exemption for Christian Scientists.
Delaware	Statute prohibits injuries inflicted by non-accidental means involving physical abuse, neglect, sexual abuse, sexual exploitation, emotional/mental injury, or abandonment. Statute contains exemption for religion.
District Of Columbia	Statute prohibits persons from inflicting and requires people to take reasonable care not to inflict injuries involving physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains exemption for poverty and religion.
Florida	Statute prohibits willful or threatened act that harms or is likely to cause harm of physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains exemptions for religion, poverty, or corporal punishment.
Georgia	Statute prohibits injuries inflicted by non-accidental means involving physical abuse, neglect, sexual abuse, or sexual exploitation. Statute contains exemption for religion and corporal punishment.
Hawaii	Statute prohibits acts or omissions resulting in the child being harmed or subject to any reasonably foreseeable, substantial risk of being harmed with physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains no exemptions.
Idaho	Statute prohibits conduct or omission resulting in physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains exemption for religion.
Illinois	Statute prohibits persons from inflicting, causing to be inflicted, or allowing to be inflicted, or creating a substantial risk, or committing or allowing to be committed, physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains exemptions for religion, school attendance, and plan of care.
Indiana	Statute prohibits act or omission resulting in physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains exemptions for religion, prescription drugs, or corporal punishment.
Kentucky	Statute prohibits harm or threat of harm, or infliction or allowance of infliction of physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains exemptions for religion.
Maryland	Statute prohibits harm or substantial risk of harm resulting in physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains no exemptions.
Michigan	Statute prohibits harm or threatened harm of physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains exemptions for religion.
Mississippi	Statute prohibits persons from causing or allowing to be caused physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains exemption for religion and corporal punishment.
Nebraska	Statute prohibits knowingly, intentionally, or negligently causing or permitting physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains no exemptions.
New Mexico	Statute prohibits knowingly, intentionally, or negligently causing or permitting physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains exemption for religion.
North Dakota	Statute prohibits serious harm caused by non-accidental means resulting in physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains no exemptions.
Oklahoma	Statute prohibits harm or threat of harm resulting in physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains exemptions for religion or corporal punishment.
Pennsylvania	Statute prohibits recent act or failure to act resulting in physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains exemptions for religion or poverty.
South Dakota	Statute prohibits threat with substantial harm resulting in physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains no exemptions.
Tennessee	Statute prohibits persons from committing or allowing to be committed physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains no exemptions.
Utah	Statute prohibits harm or threat of harm resulting in physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains no exemptions.
Washington	Statute prohibits harm of health, welfare, or safety resulting from physical abuse, neglect, sexual abuse, or sexual exploitation. Statute contains exemptions for Christian Scientists, corporal punishment, or physical disability.
Wyoming	Statute defines child abuse as inflicting or causing of physical or mental injury, harm or imminent danger to the physical or mental health or welfare of a child other than by accidental means including abandonment, excessive/unreasonable corporal punishment, malnutrition, intentional or unintentional neglect or the commission of a sexual offense.

• Detailed State-by-State Information on Child Abuse Laws (FindLaw's State Laws)

Looking for Help with a Child Abuse Case? Get a Free Case Review

Child abuse is a very serious issue and often there are observable warning signs before the abuse gets worse. However, sometimes these signs may not be as obvious or may not appear to be that serious. The good news is that an experienced family law attorney can help you determine whether any warning signs are concerning and, if so, what options are available in your state to protect your children. Don't wait until its too late. Get in touch with an attorney today for a free initial review of your case and to figure out your next steps.

Child Abuse Cases

Child abuse occurs when a parent or caretaker physically, emotionally, or sexually abuses, neglects, or abandons a child. Laws regarding child abuse seek to protect children, while at the same time allowing parents the right to raise and discipline their children as they see fit. Controversies over child abuse laws can arise when parents or guardians feel that the government is interfering in their private family lives or have removed a child from the home unnecessarily.
History of Child Abuse in the United States
Child abuse has a lengthy history. Children have been subject to abuse by their parents or other adults since presumably the beginning of time. For many centuries laws failed to protect children from abuse. Children under English common law were considered the property of their fathers, as women were considered property of their husbands, until the late 1800s. American colonists in the 16th and 17th centuries carried the tradition of children being property of their fathers to the early years of the United States.
In the early 1870s, child abuse captured the nation's attention with news that an 8 year old orphan named Mary Ellen Wilson was suffering daily whippings and beatings at her foster home. With no organization in existence to protect abused children, the orphan's plight fell to attorneys for the American Society for the Prevention of Cruelty to Animals (ASPCA). These attorneys argued that laws protecting animals from abuse should not be greater than laws protecting children. Mary Ellen Wilson's case went before a judge, who convicted the foster mother of assault and battery and gave her a 1 year sentence. More significantly, the orphan's case generated enough outrage over child abuse that in 1874, citizens formed the New York Society for the Prevention of Cruelty to Children.
Child abuse captured the country's attention again in 1962, when an article appearing in the Journal of the American Medical Association described symptoms of child abuse and deemed child abuse to be medically diagnosable. Within 10 years, every state had statutes known as "mandatory reporting" laws. Mandatory reporting laws require certain professionals, such as doctors and teachers, to report suspected child abuse to the state child protective services agency or other proper authorities. A 1974 federal law, the Child Abuse Prevention & Treatment Act (CAPTA), further bolstered efforts to eliminate child abuse by funding programs to help individuals identify and report child abuse and to provide shelter and other protective services to victims. However, child abuse continues despite these and subsequent child abuse prevention laws.
Child Abuse in the United States Today
Child abuse is more common than many people care to believe. In the United States each year more than 3 million reports of child abuse are made which involve almost 6 million children. Each day 4 or 5 children are killed by child abuse or neglect. Children whose parents abuse alcohol & drugs are 3 times more likely to be abused and ;4 times more likely to be neglected than other children.
For more information on what to do if you suspect child abuse, see the Where to Get Help for Child Abuse article or check the resources available in your state.
Get a Free Case Review
If you or a loved one has been affected by child abuse, make sure you get immediate help by calling the authorities and getting to a safe space. But regardless of your specific role, or alleged commission of child abuse, it's always important to explore to legal options. Get an initial case evaluation at absolutely no charge.

Checklist: Are You a Mandatory Reporter of Child Abuse?

All states require that if certain defined persons know or suspect that child abuse is going on, they report the abuse to the authorities. These mandatory reporting laws were instituted to help promote awareness of child abuse and early intervention, if possible. To that effect, the laws make reporting quite straightforward.
In most states, reports are anonymous and there\’s generally no reason to be hesitant about making a report if you genuinely suspect that child abuse is occurring. The laws of most states don\’t punish people for making a good faith effort to report child abuse. A reporter might, however, be punished if he or she was reporting child abuse without any basis for such a belief, and if the report was motivated entirely by a desire to get the reported person in trouble with the law – known as malice.
Mandatory Reporters
In most states, professions that engage in regular contact with children are listed as mandatory reporters. In at least 18 states, however, there are no listed mandatory reporters – anyone and everyone who knows or suspects that child abuse has occurred is required by law to make a report.
In states with defined mandatory reporter lists, however, the following professions are frequently listed:

• Day care workers
• Dental assistants and hygienists
• Doctors' office staff persons
• Emergency medical technicians
• Family practitioners
• Foster care workers
• Hospital personnel
• Medical examiners
• Nurse practitioners
• Police officers
• Practical nurses
• Psychiatrists and psychologists
• Registered nurses
• School administrators, advisors, and paraprofessionals
• Social workers
• Teachers and teachers' aides

You can find a list of mandatory reporters in your particular state here. If you would like to learn more about whether your profession is a defined mandatory reporting profession in your state and what duties you may have been ascribed, please contact a qualified attorney or speak with your institutional administrators.
Mandatory vs. Permissive Reporting
Though the states may differ with regard to who is a mandatory reporter, in every state everyone is permitted to report child abuse. A person who reports child abuse voluntarily is known as a permissive reporter. To better understand the difference, consider the following situation.
Suppose that you\’re a homemaker, and you\’re aware of child abuse occurring next door at the neighbor\’s house. If you reside in a state where there\’s a defined list of mandatory reporters (various professions), then you wouldn\’t necessarily have to report this abuse. In other words, you wouldn\’t be punished for failing to report. On the other hand, if you resided in a state where all persons are mandatory reporters (no matter their profession), then you would have to report the neighboring child abuse or you would be subject to possible criminal penalties (most likely a misdemeanor offense).
But what if you actually wanted to report the abuse? That\’s perfectly okay, and even encouraged. Even if you\’re not a mandatory reporter, you can report the abuse to local authorities. As a voluntary reporter you\’ll also enjoy immunity from liability for a good faith report of suspected child abuse.
Have Questions About Reporting Child Abuse? Get a Free Case Evaluation
Perhaps the strongest weapon against child abuse is active reporting as early as possible. However, this isn't always easy to do, especially if the perpetrator is someone that you know well. That's why many states allow for anonymous reporting, allowing authorities to investigate and, if needed, step in to protect a child, while preserving the confidentiality of your report. You can find out more about the reporting laws in your state by speaking with an experienced family law attorney for a free initial consultation.

Tips for Marriage

Getting married is probably the largest decision you'll ever make and affects every area of your life. Along with the benefits and rights of marriage come legal and financial obligations, so make sure you are prepared when it comes time to tie the knot. Here are some tips to help ensure that the transition into married life goes as smoothly as possible.

The Definition of Marriage

Marriage is the legal union of two people as recognized by the state. It is usually accompanied by a license and ceremony. It may not sound romantic, but marriage is essentially a legal contract between two people.
In the U.S., most states require that the couple be of opposite sexes, but some states now allow same-sex marriage. A few states also allow something referred to as a "common law" marriage, which is created when two people live together for a period of time, hold themselves out as married, and intend to be married.

Consider a Prenuptial Agreement

Before you take the plunge, you should strongly consider getting a prenuptial agreement. This is one of the most important marriage tips there is.
There's a lot of popular myth about what a prenuptial agreement is and who uses them. While wealthy individuals do often use prenuptials, a prenuptial has far more uses than simply protecting the assets of a wealthy individual. Prenuptials can be used to:

• Protect the wealth of one party
• Protect a party from assuming the debts of the other party
• Determine how property will be distributed upon death (especially important if you have children from another marriage and wish the property to pass to them, not your spouse)
• Clarify financial rights and responsibilities during a marriage
• Avoid long, costly disputes in the event of a divorce

If You Don't Get a Prenuptial Agreement

Absent a prenuptial, your state has a series of laws that determine how property is handled during marriage and after marriage. In most states, for instance, your spouse is entitled to:

• Share and receive ownership of property acquired during the marriage
• Receive some of your property upon death
• Share in any debts acquired during the marriage
• Share responsibilities in managing property acquired during the marriage

There many good reasons to deviate from your state's laws. For instance, if you have children from a previous marriage, you may want your property to pass to your children rather than transfer to your current spouse upon your death. The advantage of a prenuptial agreement is that you can craft it to meet your particular needs.

Marriage Requirements

When it comes time to formally get married, make sure that your marriage complies with your state's law on the subject. Things to find out about your state's marriage laws include:

• Do I need a marriage certificate?
• Are there any legal requirements I need to satisfy before getting married?
• Who can legally perform the marriage ceremony?
• Does my state require any blood tests or other testing before getting married?
• Does my state require any counseling before getting married?

The Rights and Benefits of Marriage

You may be getting married because you're in love, but it doesn't hurt that marriage also has a lot of perks that come with it. States have built-in incentives to ensure that couples want to get married. Some of those incentives include:

• Tax benefits when filing jointly
• Government benefits such as Social Security, Medicare and disability benefits
• Employment benefits such as health care and medical leave
• Estate benefits, including inheritance rights
• Authority to make decisions that affect both individuals in the marriage, such as medical decisions
• Financial support from your spouse in case of divorce

Make a Financial Plan

Money continues to be the number one cause for divorce in the U.S. In order to avoid marriage money problems, it pays to sit down and have a serious financial conversation with your new partner. It may not be pretty or exciting, but it's something that needs to be done or you may end up literally paying for it down the road.
While there are more topics than can possibly be covered in any one article, consider the following questions when setting expectations for your financial future with your partner:

• What should your money be spent on - what's essential and what's discretionary
• What are the shared expenses, and what are the expenses that each individual is supposed to account for
• Which accounts should be made joint accounts, and which accounts should be kept separate
• If there is a disparity in income, who should be contributing to what and how much
• How are debts that come into the marriage going to be handled
• Who is actually sitting down and paying the bills

Set goals that you will need to save for, and state how long you think it should take to save for them. Constantly revisit this topic, as your expectations and circumstances will change over time. Some basic topics to consider include:

• Will you be buying a house
• Will you be having kids
• Will you be saving for college for any potential kids
• When do you expect to retire
• How often would you like to travel
• Will you be modeling or redecorating at any point
• Will you be buying cars

After the Wedding

There's a surprising amount of work to be done after the marriage and honeymoon. Depending on what you and your spouse have decided, consider:

• Changing your legal name
• Updating your estate documents, such as wills, powers of attorney, etc.
• Adding your spouse as a beneficiary to your financial accounts, such as bank accounts, life insurance policies, retirement plans, etc.
• Adding your spouse to your health insurance policy
• Adopting a child from your spouse's previous marriage

Marriage Requirements Basics: Consent, Age, and Capacity

Perhaps you think the legal requirements for marriage are confusing and overwhelming. With so much that goes into planning a wedding these days: selecting the perfect dress, choosing a carefully coordinated menu of classic dishes culminating with a show-stopping wedding cake, and finding just the right venue -- navigating through the legal requirements might be low on your to-do list.
The reality is that once you know what is required in your state, the steps are simple, leaving you more time to concentrate on the more enjoyable parts of getting married.
Consent
Before a marital union is recognized by a state, there must be consent or agreement between the parties of the union to be married. For consent to exist, both parties must agree to the marriage and there must be no mistake as to the nature of the union. In addition, no force must be used upon either party to enter into the union. Once consent is determined to exist, the laws of the individual states determine the status of the couple as spouses.
Age
Age is an additional aspect of consent to marry. All states set the age which must be reached by both parties to the marriage before they are able to legally agree to become spouses without parental permission. For all but two states, this "age of consent" is eighteen (in Mississippi the age is 17 for females and 15 for males, while in Nebraska the age is 17).
The states vary in determining the minimum age at which a couple can marry with parental consent. For the majority of states this age is sixteen, though in a very few states the age is as low as fourteen.
Capacity
Capacity generally refers to the mental ability of one or both of the parties to the marriage to agree to become husband and wife. Both parties must be of "sound" mind and capable of agreeing to the marriage. Not all forms of mental illness and insanity serve to render someone incapable of entering into a marriage. A common test of capacity is the ability of individuals to understand the nature of marriage, and what their responsibilities are to their partners once they enter into the union such as financial obligations. Physical incapacity -- and in particular the physical inability to have sexual intercourse -- does not in and of itself render one incapable of marrying, and does not on its face void a marriage that has already occurred.
Can I Marry Anyone I Want?
No, you can't. Two people generally cannot be blood relatives. In most states, they can't be closer than third cousins. Many states allow first cousins to marry if they are of an elderly age and no longer able to conceive.
Many states still only allow marriage to be between a man and a woman - but same-sex marriage laws are changing every day. Although the majority of states have some form of legal restriction on same sex marriage, a growing number of states and/or courts are allowing same sex marriages.
Have a Marriage Law Question? Get a Free Case Review
If you and your partner are considering getting married, it may help to speak with an experienced family law attorney. An attorney will ensure that all of the legal requirements of marriage are met before you walk down the aisle and can also address other legal questions and issues you may face down the road. You can speak to an attorney in your area today and receive a free initial review of your situation.

Can Prenuptial Agreements Help You?

A prenuptial agreement, also called a premarital agreement or a prenup for short, allows a couple to set the terms of property rights for their marriage. There are a lot of misconceptions about what prenuptial agreements are and who uses them.
What Can a Prenup Do For Me?
While wealthy individuals do often use prenups, prenuptial agreements have far more uses than simply protecting the assets of a wealthy individual. Prenups can be used to:

• Protect one party's assets
• Protect a party from assuming the debts of the other party
• Determine how property will be passed upon death
• Clarify financial rights and responsibilities during a marriage
• Avoid long, costly disputes in case of divorce

If You Don't Get a Prenuptial Agreement
Absent a prenup, your state has a series of family laws that determine how property is handled during marriage and after marriage. In most states for instance, your spouse is entitled to:

• Share and receive ownership of property acquired during the marriage
• Receive some of your property upon death
• Share in any debts acquired during the marriage
• Share responsibilities in managing property acquired during the marriage.

There are many good reasons to deviate from your state's laws. For instance, if you have children from a previous marriage, upon your death you may want your property to pass to your children rather than transfer to your current spouse. The advantage of prenuptial agreements is that you can craft them to meet your particular needs.
Creating a Valid Prenuptial Agreement
Originally, prenuptial agreements were heavily scrutinized by judges because they were traditionally used to protect a wealthy individual from a partner with substantially less financial means. The fear was that the poorer spouse was being coerced to sign and that such agreements encouraged the dissolution of marriages.
Today, however, every state allows prenuptial agreements, and divorce and remarriages are more widely accepted. In addition, women are considered to have a more equal place in society and require less protection from courts. As a result, most prenups will be upheld as valid.
The Courts Role in Prenups
Courts do, however, still analyze prenups with a careful eye so it pays to do it right. Create a prenup that is clear, understandable and justifiable. If a judge decides that your prenup is unfair or doesn't meet state requirements, the agreement will be set aside.
Although it is perfectly fine to negotiate and create a basic prenup yourself, both parties should get the prenup reviewed by their own attorney who can advise them on their rights and review the prenup to ensure it complies with state law.
Have Questions About Prenuptial Agreements? Get a Free Initial Review Today
Starting a conversation about prenuptial agreements isn't always the easiest thing to do. However, not having that conversation can come back to haunt you years down the road. The good news is that there are family law attorneys who can help you set up a prenuptial agreement and, since they're experienced with these types of cases, can give you guidance on how to start that conversation. Reach out to a local attorney today and receive an initial review of your case initial review of your case for free.

Who Owns What in Marital Property?

Who owns what property in a marriage, after divorce, or after a spouse's death depends on whether the couple lives in a common law property state or a community property state. During marriage, these classifications may seem trivial, but in the unfortunate events of divorce or death, these details become very important.
Common Law Property States
Most states are common law property states. So, what does it mean to live in a common law property state? The term "common law" is simply a term used to determine the ownership of marital property (property acquired during marriage). The common law system provides that property acquired by one member of a married couple is owned completely and solely by that person. Of course, if the title or deed to a piece of property is put in the names of both spouses, however, then that property would belong to both spouses. If both spouses' names are on the title, each owns a one-half interest.
Example: If Wife buys a car and puts it only in her name, that car belongs to only Wife. If Wife buys a car and puts it in her name and Husband's name, then the car belongs to both of them.
Property distribution upon death or separation: When one spouse passes away, his or her separate property is distributed according to his or her will, or according to probate, without a will. The distribution of the marital property depends on how the spouses share ownership. If they own property in "joint tenancy with the right of survivorship" or "tenancy by the entirety", the property goes to the surviving spouse. This right is independent of what the deceased spouse's will says. However, if the property was owned as "tenancy in common", then the property can go to someone other than the surviving spouse, per the deceased spouse's will. Not all property has a title or deed. In this case, generally, whoever paid for the property or received it as a gift owns it.
If the couple divorces or obtains a legal separation, the court will decide how the marital property will be divided. Of course, the couple can enter into an agreement before the marriage, explaining how to distribute the marital property upon divorce.

Community Property States

The states having community property are Louisiana, Arizona, California, Texas, Washington, Idaho, Nevada, New Mexico, and Wisconsin. Community property states follow the rule that all assets acquired during the marriage are considered "community property". Marital property in community property states are owned by both spouses equally (50/50). This marital property includes earnings, all property bought with those earnings, and all debts, accrued during the marriage. Community property begins at the marriage and ends when the couple physically separates with the intention of not continuing the marriage. So, any earnings or debts originating after this time will be separate property.
Any assets acquired before the marriage are considered separate property, and are owned only by that original owner. A spouse can, however, transfer the title of any of his or her separate property to the other spouse (gift) or to the community property (making a spouse an account holder on bank account). Spouses can also comingle their separate property with community property, for example, by adding funds from before the marriage to the community property funds.
Spouses may not transfer, alter, or eliminate any whole piece of community property without the other spouse's permission. A spouse can manage his or her own half the way he wishes, but the whole piece includes the other spouse's one half interest. In other words, that spouse cannot be alienated from his or her one half.
Separate property includes

• Property owned by just one spouse before the marriage
• Property given to just one spouse before or during the marriage
• Property inherited by just one spouse

Community property includes

• Money either spouse earned during the marriage
• Things bought with money either spouse earned during the marriage
• Separate property that has become so mixed with community property that it can't be identified

Example: Wife and Husband have been married for ten years. Wife works as a successful doctor and uses her earnings to buy a car. That car is community property, and both Husband and Wife own the car equally.
Example: Husband owns a valuable piece of antique furniture that he acquired before the marriage. Husband alone owns the antique as his separate property. The antique is not community property, because it was acquired before the marriage. If Husband wants to give his wife a one half interest in the antique, he may; then, the antique would be part of the community property.
Property distribution upon death or separation: When one spouse passes away, his or her half of the community property passes to the surviving spouse. Their separate property can be devised to whomever they wish according to their will, or via probate without a will. Many community property states offer an interest called "community property with the right of survivorship". Under this doctrine, if a couple holds title or deed to a piece of property, usually a home, then upon a spouse's death, title passes automatically to the surviving spouse, avoiding court proceedings.
If the couple divorces or obtains a legal separation, all of the community property is divided evenly (50/50). The separate property of each spouse is distributed to the spouse who owns it and is not divided according to the 50/50 rule. Sometimes, economic circumstances warrant awarding certain assets wholly to one spouse, but each spouse still ends up with 50% of all community property in terms of total economic value. This is most common regarding marital homes. Since it is not feasible to divide a house in half, often the court will award one spouse the house, and the other spouse receives other assets that's value is equal to half the value of the home.
Before the marriage, the couple may enter into an agreement that lays out how the marital property should be divided upon divorce.
Exceptions to the equal division rule:

• One spouse misappropriates the community property, whether before or during a pending divorce.
• One spouse has incurred educational debts. This is the same as separately incurred debt. On divorce, the spouse takes his or her GSL loans with him or her.
• One spouse incurred tort liability NOT based on activity for the benefit of the marital community.
• A personal injury award is community property during the marriage, but on divorce is awarded to the injured spouse.
• "Negative community" refers to a situation where the community liabilities and debts exceed the available assets to pay the liabilities and debts. Here, the relative ability of spouses to pay the debt is considered. The interest here is to protect creditors.

See also:

• How to Avoid Marriage and Money Problems
• Sample Financial Statement
• What Happens to the Engagement Ring in a Broken Engagement?

Questions About Property Division? Get a Free Case Evaluation
Dividing marital property upon divorce or death of your partner is never an easy topic to discuss. While the logistics of property division will depend upon which state you live in, it can all get quite confusing. You don't have to figure out the law on your own, however. Speak with a family law attorney in your jurisdiction today for a free case review and to learn about your options.

Legal Requirements for Marriage FAQ's

Many people think the legal requirements for marriage are confusing and overwhelming. The reality is, once you know what is required in your state, the steps are simple, leaving you more time to concentrate on the more enjoyable parts of getting married. Although the legal requirements vary state to state, all legal marriages between a man and a woman performed in one state must be recognized by all other states. This article answers the most frequently asked questions regarding legal requirements for marriage.
What are the legal documents required for marriage?
You need to obtain a marriage license from your county clerk and pay the clerk a fee. As long as you and your spouse meet the requirements, discussed below, your marriage license should be granted. You can then proceed with your ceremony. After the ceremony, whoever officiated your wedding has the duty of filing your marriage certificate with the applicable recording agency in your county. If that person fails to do so, it does not invalidate or nullify your marriage; it just may make it harder to document your marriage.
Are blood tests still required before marriage?
Many states have done away with mandatory premarital physical exams or blood tests. Some states still require blood tests for venereal diseases, and a few also test for rubella, sickle-cell anemia, and tuberculosis. No state requires mandatory HIV/AIDS testing, but most states require that marriage license applicants be offered such tests or information where they can obtain a test.
Can I marry anyone I want?
Not necessarily. Most states require both parties to be 18 years old or older. Otherwise, they must obtain consent from a parent or judge. The most common situations in which a judge consents to an underage marriage is when the woman is pregnant, and in these circumstances, the judge often requires proof that the couple can financially support themselves.
People who are already married, even if they have been separated for a long period of time, cannot get married until they divorce their former spouse. Proof of dissolution (divorce), annulment, or death of previous spouse is required to show termination of any and all prior marriages. When in a legal marriage, changing your legal status from married to unmarried or single is obtained via a dissolution or divorce.
Both people must have the mental capacity to enter into a contract. If because of mental illness, drugs or alcohol, or other issues that affect judgment, either person cannot and does not understand what it means to be married, then that person lacks the mental capacity to consent to the marriage.
The two people cannot be blood relatives. In most states, they can't be closer than third cousins. Many states allow first cousins to marry if they are of an elderly age and no longer able to conceive.
Same-sex marriage became legal in all 50 states immediately after the U.S. Supreme Court's landmark Obergfell v. Hodges ruling in 2015, citing the Equal Protection Clause of the 14th Amendment. Prior to that ruling, it was left mostly to state law, several of which legalized marriage equality through the courts or legislation. Check out FindLaw's Same Sex Marriage section for a wealth of information on this issue.
What's the difference between a marriage license and a marriage certificate?
A marriage license is a document you must obtain from the county clerk before you get married. A marriage certificate is a document that proves you are married.
Typically, couples obtain a marriage license, hold the wedding ceremony, and then have the person who performed the ceremony file a marriage certificate in the appropriate county office within a few days. This may be the office of the county clerk, recorder or registrar, depending on where you live. The married couple will then be sent a certified copy of the marriage certificate.
Most states require both spouses, along with the person who officiated and one or two witnesses, to sign the marriage certificate. This is often done just after the ceremony.
Where do I obtain a marriage license?
You can usually apply for your marriage license at any county clerks office in the state in which you want to be married. Some states require you to apply in the county clerks office in which you want to be married. Most states require a small fee, and receiving your marriage license usually takes a few days.
In most states, your marriage license will expire 30 days after it is issued. If this happens, do not panic, you can apply for a new one. On the other hand, most states imply a waiting period from the date of the issuance of your marriage license until the date of your actual ceremony. Usually, this time period is only one to five days. The idea behind the waiting period is to allow the parties to change their minds. This waiting period can be waived for good cause, such as one of the parties being deployed, or only arriving in town the day before the wedding. The following twenty-six states have wait periods:

• 1 day wait period: Delaware, Illinois, South Carolina
• 2 day wait period: Maryland, New York
• 3 day wait period: Alaska, Florida, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Missouri, New Hampshire, New Jersey, Oregon, Pennsylvania, Tennessee, Washington
• 4 day wait period: Connecticut
• 5 day wait period: Minnesota, Ohio, Wisconsin

What if I lost my marriage certificate?
Each state differs on the steps required and the locations to obtain copies of marriage certificates. The process is fairly simply in each state, and you can obtain copies of yours or even someone else's. Visit the website of the National Center for Health Statistics to learn where in your state you can write, call, fax, or email for the documents you need. There will probably be a small fee, between $5 and $10.
Can anyone officiate a marriage?
No. The officiant must be qualified by the county. Civil unions, which are non-religious, are performed by a judge, justice of the peace, or, in some states, a court clerk. Sometimes, people will be given temporary legal authority to perform marriages by a judge or a court clerk. Weddings that are religious ceremonies are conducted by a member of the clergy. This is usually a priest, minister, or rabbi. Native American tribes can designate certain officials to perform weddings, but usually the tribal chief performs the weddings.
What are the legal requirements of marriage ceremonies?
The marriage ceremony must be performed in front of witnesses and an officiant, qualified by the state, such as a priest, rabbi, or judge. Civil ceremonies are conducted by judges or, in some states, county clerks and government officials. No state authorizes ship captains to perform marriages. Most states require at least two witnesses to sign the marriage certificate.
Do we have to do anything after the wedding?
First of all, every state has different laws on the books so you must confer with your state to find out what laws apply. Generally speaking, most states have no legal requirements for marriage after the ceremony. A handful of states require consummation of the marriage through sexual relations. Most states do not require consummation and simply consider the two married once the marriage ceremony ends.
In other states, after your wedding, it is the responsibility of the person who performed your wedding ceremony to make sure the license is recorded with the county where you were married. Generally, a few weeks after your wedding, you will receive your marriage certificate in the mail. That said, even if the officiant fails to file the marriage certificate, the two are usually still considered married.
Learn About Marriage Laws with a Free Case Review

Marriage is one of the most important unions two people can enter into. Along with the happiness of marrying your partner, you should also be aware of the rights and legal responsibilities that come along with walking down the aisle. In order to make sure you understand all that marriage means from a legal and financial standpoint, you should speak with a lawyer in your state. A family law attorney can provide you with a free case review to help you get started.

Marriage License Information by State

Below you will find state-by-state links to marriage license requirements and related information. Where no state-level marriage license information is available online, you will likely need to obtain information at the county level, so the listed link will take you to county clerk/recorder office contact information in your state. See Marriage Requirements Basics for general information about minimum ages, consent, and capacity.
Alabama

• How to Get a Marriage License (Mobile County Probate Court)
• Marriage License Application [PDF] (Mobile County Probate Court)
• Marriage License Search (Mobile County Probate Court)

Alaska

• Marriage Licenses and Applications (State of Alaska)

Arizona

• Marriage Licenses (State of AZ)
• Covenant Marriage in Arizona (Arizona Supreme Court)

Arkansas

• Marriage License Information (Craighead County)

California

• Marriage License, Registration, and Ceremony Information (State of CA)

Colorado

• Marriage Requirements and Applications (City and County of Denver)
• How Do I......get married in Colorado? (State of Colorado)

Connecticut

• Marriage in Connecticut[PDF] (Judicial Branch, State of CT)

Delaware

• Where Can I Get a Marriage License? (Delaware Judiciary)
• Marriage License (Kent County Clerk of Peace)

District of Columbia

• Marriage Matters(Superior Court of D.C.)
• Marriage License Application [PDF] (Superior Court of D.C.)
• Civil Wedding Request Information [PDF] (Superior Court of D.C.)

Florida

• Marriage License Requirements (State of Florida)
• Clerks of Court Listing (State of Florida)

Georgia

• Getting a Marriage License FAQ (State of Georgia)

Hawaii

• Marriage License Application [PDF format] (State of HI)

Idaho

• Synopsis Of Marriage Regulations In Idaho [PDF] (Kootenai County Recorder)
• Idaho Counties (State of Idaho)

Illinois

• Illinois Marriage Frequently Asked Questions
• Court Clerks (by County)
• Advice to Newly Marrieds [PDF] (Illinois State Bar Association)

Indiana

• Apply for a Marriage License (State of Indiana)

Iowa

• Legislative Guide to Marriage Law [PDF] (State of Iowa)

Kansas

• Marriage and Divorce (Kansas Bar Association)
• Instructions for Obtaining a Marriage License (Leavenworth County)
• Marriage License Information (2nd Judicial District of Kansas)
• Application and Affidavit to Obtain Marriage License [PDF]
• Instructions for Obtaining a Marriage License [PDF] (Douglas County)

Kentucky

• Getting married in Kentucky - what do you need to know? (Department for Public Health)
• Petition and Order for Permission to Marry [PDF] (Kentucky Court of Justice)

Louisiana

• Marriage License Info (Bienville Parish Clerk's Office)
• LA Laws on Community Property & Covenant Marriage (Office of the Louisiana Attorney General)

Maine

• Getting Married in Maine (State of Maine)

Maryland

• Maryland County Websites
• Marriage License Info (Cecil County Circuit Court)
• Marriage License Information (Charles County Circuit Court)
• Marriage License Info (Queen Anne's County)

Massachusetts

• Marriage Forms (Massachusetts Trial Court Law Libraries)

Michigan

• Marriage and Divorce in Michigan (State of Michigan)

Minnesota

• Marriage License information (Hennepin County)
• Marriage License Application Form (PDF 34k)

Mississippi

• Marriage Licenses and Blood Tests (Mississippi State Department of Health)

Missouri

• Marriage [PDF] (Missouri Bar)
• Creating a Strong and Satisfying Marriage (University of Missouri Extension)

Montana

• Marriage License Requirements (Thirteenth Judicial District Court, Yellowstone County)

Nebraska

• Marriage License Information (Box Butte County)
• Marriage Ceremony Compilation (Nebraska Judicial Branch)

Nevada

• Marriage License Information (Clark County Family Law Self-Help Center)

New Hampshire

• How to Apply for Marriage License (Terry M. Clark, Justice of the Peace)

New Jersey

• Entering into a Marriage or Civil Union in New Jersey [PDF] (New Jersey Department of Health and Senior Services)

New Mexico

• Marriage Licenses (Bernalillo County Probate Court)

New York

• Getting Married in New York State (New York State Dept. of Health)
• Marriage Certificates (New York State Dept. of Health)

North Carolina

• Marriage in North Carolina [PDF] (North Carolina Bar Association)

North Dakota

• How Do I Obtain A Marriage License? (Cass County)
• List of Counties to Obtain a Marriage License

Ohio

• Ohio Probate Courts
• Marriage Licenses (Belmont County Probate Court)
• Marriage Licenses (Columbiana County Clerk of Courts)

Oklahoma

• Application for Marriage License [PDF] (Oklahoma State Auditor and Inspector)
• Oklahoma Marriage Initiative (OMI)

Oregon

• Marriage in Oregon (Oregon State Bar)

Pennsylvania

• Marriage Licenses (Montgomery County)
• Marriage Application (Bucks County)

Rhode Island

• How to Get a Marriage or Civil Union License (Rhode Island Department of Health)
• City Clerk - Frequently Asked Questions (City of Woonsocket)

South Carolina

• How to Apply for a Marriage License (SCIway)
• South Carolina Probate Courts (South Carolina Judicial Department)

South Dakota

• Marriage & Wedding Information (Second Judicial Circuit)
• Worksheet for marriage license application [PDF] (South Dakota Dept. of Health)
• Marriage pamphlet [PDF] (State Bar of South Dakota)

Tennessee

• Online Application for Marriage License (Tennessee County Clerk)
• Marriage License (Davidson County Clerk)

Texas

• How Do I Get a Marriage License? (Tarrant County)
• When You Get Married [PDF] (Office of the Attorney General)
• Marriage in Texas (Legal Aid of Northwest Texas)
• Common Law Marriage (Travis County Young Lawyer Associations)

Utah

• Marriage in Utah (Utah Courts)

Vermont

• Getting Married in Vermont (Vermont Department of Health)
• Civil Marriage (Office of the Secretary of State)

Virginia

• Marriage in Virginia (Virginia State Bar)
• Bride Application Form [PDF]
• Groom Application Form [PDF]

Washington

• Marriage License (Clark County)
• Marriage Licensing (King County)

West Virginia

• Marriage Licenses (Wood County)

Wisconsin

• Answering Your Questions about Marriage (State Bar of Wisconsin)
• Marriage Licenses

Wyoming

• Marriage License Procedure (Fremont County Government)
• Marriage License Application information (Uinta County)

Get a Free Case Review Before or After Tying the Knot

There are many legal considerations that can arise when you decide to get married. Property, tax, and other rights can be impacted by your decision. If you are concerned about how marriage may affect your rights, speaking with a qualified attorney can help identify potential issues before they impact your marriage. Start today with a free case review.

Marriage License Requirements

While it may not be the romantic or glamorous part of planning a wedding, getting a marriage license is required in all 50 states. Each state has its own requirements that must be fulfilled before getting a marriage license; here is a summary of the most common requirements. As always, double check your particular state's laws, as the requirements may change.
A Blood Test
Only one state requires couples intending to get married to get a blood test as one of their marriage license requirements: Montana (PDF). Why? The rationale is that premarital blood tests help check a partner for diseases. This is an almost obsolete requirement, but it still exists in the state of Montana. Female applicants under the age of 50 must submit to a blood test for rubella (measles).
A Waiting Period after Applying to Get Married
Some states require a waiting period after applying for a marriage license but before receiving the license to ensure that couples have time to really think things out and be certain that they're making "the right decision." No spur of the moment, Elvis weddings for couples in these states.
Here is a list of common waiting periods, and the states that have them.
1 day: South Carolina
3 days: Alaska, District of Columbia, Florida (unless couple attends a marriage preparation class), Kansas, Massachusetts, Michigan, New Jersey, Oregon, Pennsylvania, Washington
5 days: Minnesota
6 days: Wisconsin
A Waiting Period After Receiving a Marriage License
In addition to the above waiting period, some states include as one of their marriage license requirements a waiting period between the time you receive your marriage license and the time you can actually, legally, get married. Most states allow you to get married immediately, but here are the ones that don't and how long you have to wait.
1 day: Delaware, Illinois, New York
2 days: Maryland
3 days: Iowa, Louisiana, Texas
How Long Until Your Marriage License Expires
Once you've received your marriage license, it is only valid for a certain amount of time. Here's how long you have before your license expires and you have to reapply for another.
10 days: Oklahoma
30 days: Alabama, Delaware, Hawaii, Kentucky, Louisiana, Missouri, Tennessee, Utah, Wisconsin
35 Days: Colorado
60 days: Arkansas, Florida, Illinois, Indiana, Massachusetts, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Vermont, Virginia, Washington, West Virginia
90 days: Alaska, California, Maine, New Hampshire, Rhode Island, Texas
6 months: Iowa, Kansas, Maryland, Minnesota, Montana, Montana, New Jersey
1 year: Arizona, Nebraska, Nevada, Wyoming
Other: Connecticut (65 days), Michigan (33 days), South Dakota (20 days)
No expiration: District of Columbia, Georgia, Idaho, Mississippi, New Mexico, South Carolina
Get a Free Legal Review of Your Marriage License -- Before the Wedding
No matter how excited you are to plan the big day and invite all your friends, it won't matter if you and/or your partner don't meet your state's marriage license requirements. And even if you've already received a valid marriage license, for example, it could expire before your planned wedding date. Get peace of mind by having an experienced family law attorney review your legal situation for free, with absolutely no obligation.

Marriage FAQs

When deciding to get married, there are endless questions and not just those relating to the wedding ceremony. While the right flower arrangements are essential, before you get married you'll also want to learn more about what impact the legal status of marriage will have on you and your future spouse. You're taking the right steps by asking these questions now so that you face fewer surprises once you say "I do." A list of the more common questions about marriage are below as well as information about additional resources.
Q: What is the legal definition of marriage?
A: Marriage is usually defined as a contract entered into by two people demonstrating their intent to be spouses in the eyes of the law.
Q: My fiancée and I will be getting married in a few months. What will we need to do in order to be considered legally married?
A: Marriage requirements vary from state to state, but usually include a license, a waiting period, blood tests, minimum ages, a ceremony officiated by a clergyperson or an officer of the court, and witnesses.
Learn more about Marriage Requirements.
Q: Who can perform the marriage ceremony?
A: In most states, a marriage ceremony can be performed by:

• A judge, magistrate, justice of the peace, or county clerk;
• A mayor (or deputy mayor); or
• A religious clergy (minister, rabbi, etc.).

Q: I'm getting married soon, and I want to make sure that my savings account remains my own separate property. How can I do that?
A: You should continue to keep all separate property separate throughout the marriage if you are concerned about keeping it as your personal asset upon your death or divorce. Generally, this means you should not "commingle" property you owned prior to marriage with property you and your spouse acquire during the marriage, or it may become difficult -- if not impossible -- to legally determine which is which.
Learn more about Marriage, Money, and Property

Q: My future husband and I want to create a prenuptial agreement. How should we go about doing so?
A: Before entering into a prenuptial agreement, both parties must fully disclose their assets, income, and liabilities to the other, and they must enter into the agreement in "good faith," meaning that neither person intends to misrepresent the facts or take advantage of the other. In order to ensure that the premarital agreement will be enforced, it is advisable for both future spouses to be represented by separate attorneys, who can advise them on their rights and responsibilities. In fact, some states' laws require that each party be represented by a separate attorney in order for a premarital agreement to be valid.
Learn more about Prenuptial Agreements.

Q: What is "common law marriage"?
A: Common law marriage is marriage in the eyes of the law, when no official marriage has taken place. In a common law marriage, a couple is considered legally married, despite not having a marriage license, a ceremony, or a marriage certificate, if they meet specific requirements listed in the laws where they live. Usually, the couple must live together and conduct themselves as husband and wife before they will be considered in a common law marriage.
Learn more about Common Law Marriage.

Q: My wife and I have been married for almost 20 years, but I've owned my business for more than 25 years. I know that the income from the business is "community" property, but is the business itself considered my separate property?
A: Not necessarily. Don't assume that a business you owned prior to marriage remains separate property after marriage. If your business increased in value during the marriage due in part to your spouse's contributions, your spouse may be entitled to a share of the increase in value upon divorce or your death. Such contributions can be obvious -- your spouse provided bookkeeping services to the business -- but they can also be more subtle -- i.e. your spouse took care of the home and children so you could focus on running the business.
Q: Should my wife and I file a joint tax return?

A: Ordinarily, filing a joint return will give you a greater tax advantage. But in some cases, your combined income tax on separate returns may be less than it would be on a joint return. Determine your tax both on a joint return and on separate returns under the community property laws of your state. You can then compare the tax figured under both methods and use the one that results in less tax. Keep in mind that if you file separate returns you and your spouse must each report half of your combined community income and deductions in addition to your separate income and deductions.

Learn more about Marriage and Taxes

Get More Answers With A Free Initial Legal Review
As you can see there are important frequently asked questions about marriage, but there are also questions that people may not think about until after the fact. That's where experienced family law attorneys can help as chances are they've seen most issues that can arise after the wedding bells toll. Reach out to an attorney in your area today and you can receive an initial evaluation of your situation at absolutely no charge to you.
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