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Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied to the relationship naturally follow with various potentially applicable systems frequently conflicting with one another.
The first legally-recognized same-sex marriage occurred in Minneapolis, [3] Minnesota, in 1971. [4] On June 26, 2015, in the case of Obergefell v. Hodges, the Supreme Court overturned Baker v. Nelson and ruled that marriage is a fundamental right guaranteed to all citizens, and thus legalized same-sex marriage nationwide.
Under the laws of most nations, children born during a void marriage are considered legitimate. Depending upon the jurisdiction, reasons for why a marriage may be legally void may include consanguinity (incestual marriage), bigamy, group marriage, or child marriage. [4] [5] A voidable marriage is a marriage that can be canceled at the option of ...
Part of the concept of marriage is its role of joining people; when two individuals marry, the sharing of resources is often one of many expected outcomes. [43] If someone in the marriage refuses to uphold this communal monetary expectation, then the other person can file for divorce. [9]
According to most, the children of divorced parents have also been reported as more likely to have behavioral problems than children of married parents and are more likely to suffer abuse than children in intact families. [11] When parental conflict is continuous, it can cause problems for the child and become harmful to them. [10]
Critics of marriage argue that this institution represents a form of state sponsored discrimination, in a generalized way against people who do not marry, and in a particular way against certain racial or ethnic groups who are less likely to marry and more likely to have children outside marriage, such as African Americans in the US - by ...
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Issues may arise in family law where there is a question as to the laws of the jurisdiction that apply to the marriage relationship or to custody and divorce, and whether a divorce or child custody order is recognized under the laws of another jurisdiction.