Common Law Marriage And Its Development In The United States

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...to it is the product of reverence and imagination," due to its relation to the Christian religion. Historical Jurisprudence, Guy Carleton Lee, Johns Hopkins University, p. 95-111 (MacMillan Co. 1911.) lOTreas. Dept. Doc. 2834, C. D. M. in the U. S. was also against the validity of the marriage but the court approved both rules saying: "I had occasion to consider the subject fully, of what will constitute marriage in this state; certainly, by our law, marriage is regarded only as a civil contract, and whatever is sufficient evidence of the assent of the parties' minds to enter into that relation, establishes a marriage. This may be either per verba de prcesenti, "I take you for my wife," etc., or per verba de futuro, an agreement to marry in future, with subsequent cohabitation. Where parties agree to marry in future, and afterwards cohabit, the law infers that this cohabitation was an execution of the previous agreement." Certainly the latter part of this statement needs explanation. The court cited absolutely no authority. In 1842 Greenleaf published his work on evidence. He says: "Marriage is a civil contract, jure gentium, to the validity of which the consent of the parties, able to contract, is all that is required by natural or public law. If the contract is made per verba de prcesenti, though it is not consummated by cohabitation, it amounts to a valid marriage, in the absence of all civil regulations to the contrary. (Citing Kent and Fenton v. Reed.) Gfreenleaf's treatise on evidence was a great piece of work and his statement did much to further the doctrine. There is hardly a case on the subject during the next halfcentury that doesn't cite his statement as authority. It was not sufficient to...

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The extraordinary recent increase in rates of cohabitation and non-marital birth presents a major challenge to traditional family law principles, and the legal rules governing cohabitation are thus among the most hotly contested areas of family law and policy today. In many nations, courts, legislatures, and law-reform bodies are "reinventing" common law marriage, seemingly without any sense of its history, doctrinal development, or limitations. The current law surrounding common law marriage is extremely complex. Professor Göran Lind has undertaken the demanding task of writing the most well-researched text on this topic to date. Separated into three Parts, Common Law Marriage covers the origins of the doctrine, its legal aspects in modern America, and the future of cohabitation law across the globe and in the 11 American jurisdictions that currently recognize common law marriage. It provides a cultural and historical history of the subject, from Ancient Roman Law to Medieval Canon Law, and analyzes over 2,000 American cases which have utilized the doctrine. This timely book is an excellent resource for scholars, legislators, and policymakers who are interested in the complex legalities of common law marriage.

In this work, Cynthia Grant Bowman explores legal recognition of opposite-sex cohabiting couples in the United States. The author argues that the many benefits attendant upon formal marriage should be extended to cohabitants who have lived together for more than two years or give birth to a child.

An incisive, multidisciplinary look at the American family over the past 200 years, written by respected scholars and researchers. Family in America offers two powerful antidotes to popular misconceptions about American family life: historical perspective and scientific objectivity. When we look back at our early history, we discover that the idealized 1950s family—characterized by a rising birthrate, a stable divorce rate, and a declining age of marriage—was a historical aberration, out of line with long-term historical trends. Working mothers, we learn, are not a 20th century invention; most families throughout American history have needed more than one breadwinner. In the exciting new scholarship described here, readers will learn precisely what is new in American family life and what is not, and acquire the perspective they need to appreciate both the genuine improvements and the losses that come with change.

"Casebook for law students studying Family Law"--