II. Marriage and divorce in the United States
A. History of Marriage in the United states
In the United States, family law has been governed by state regulations not only because of the federal system, but also because family relationships are diversified by each social norms and customs.
In some cases, a state law matter becomes a federal issue with the Supreme court’s decision. For example, the Supreme court holds that getting married is the fundamental right that every person has, and holds that banning interracial marriage violates equal protection therefore unconstitutional . Recently, the Supreme Court granted the petition for a writ of certiorari regarding the constitutionality of state statutes that ban on same-sex marriage.
In the United States, marriage procedure and requirements vary in states. In general, marriage is considered as a civil act between the couple, but the state is often present as a third party . Most states have following requirements: (1) two persons who are able to marry, (2) each of person agrees to marry, (3) obtains a marriage license from the proper state authority, (4) solemnization by a person who is empowered by the state, and (5) registration to the state .
B. Marriage procedure in Massachusetts
In Massachusetts, in order to get married, a couple must obtain a valid marriage license at Massachusetts city hall 60 days in advance . The marriage license would be issued after three days of waiting period. After having the marriage solemnized, the couple submits the signed marriage license to the city hall. The clerk of city hall will then register the marriage and the couple can receiv...
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...to one parent (3) shared physical and legal custody” . In the United States, it is considered to be critical that the parents should communicate with the child and involve child rearing even after marriage.
If the parents share legal custody, they cooperate to make important decisions regarding the child, such as education and religion. Shared physical custody means that the child lives part of time with each parent. However, shared physical custody would be troublesome when the parent live apart very far.
c) International child abduction
The United States ratified the Convention in 1988 , and the Legislature has implemented in the Convention through the International Child Abduction Remedies Act . The left-behind parent living in another country whose child has been removed in the United States may seek help to either States district court or Federal court.
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