Marriage in the United States

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Chart illustrating marital status in the United States
Chart illustrating marital status in the United States

Contents

[edit] History

Main article: History of civil marriage in the U.S.
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[edit] Demography

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As of 2006, 55.7% of Americans age 18 and over were married.[1]

[edit] Law

Marriage laws are established by individual states. In the United States, there are two methods of receiving state recognition of a marriage: common law marriage and obtaining a marriage license. Common-law marriage in the United States is no longer permitted in most states.

Though federal law does not regulate state marriage law, it does provide for rights and responsibilities of married couples that differ from those of unmarried couples. Reports published by the General Accounting Office in 1997 and 2004 identified over 1000 such laws.

[edit] Restrictions on marriage

Same-sex marriage in the United States is generally forbidden, though laws vary because marriage laws are the purview of individual states. The social movement to obtain the right of same-sex couples to marry began in the early 1970s, and the issue became prominent in U.S. politics in the 1990s. Massachusetts has recognized same-sex marriage since 2004. Nine states and the District of Columbia offer same-sex legal unions that offer some or all of the rights and responsibilities of marriage. In contrast, twenty-six states have constitutional amendments explicitly barring the recognition of same-sex marriage. Forty-three states have statutes restricting marriage to two persons of the opposite sex, including some of those that have created legal recognition for same-sex unions under a name other than "marriage." A small number of states ban any legal recognition of same-sex unions that would be equivalent to civil marriage.

State anti-miscegenation laws banning interracial marriage have a long history in the United States, dating back to the 1660s. These laws were gradually repealed between 1948 and 1967. The U.S. Supreme Court declared all such laws unconstitutional in Loving v. Virginia in 1967.[2]

Polygamy is illegal in the United States, but is practiced illegally by some groups, primarily by Mormon fundamentalist sects that separated from the mainstream Latter Day Saints movement after the practice was renounced in 1890.[citation needed]

[edit] Wedding ceremonies

The typical wedding involves a couple proclaiming their commitment to one another in front of their close relatives and friends and presided over by a religious figure such as a minister, priest, or rabbi, depending upon the faith of the couple. In traditional Christian ceremonies, the bride's father will "give away" (hand off) the bride to the groom. Secular weddings are also common, often presided over by a judge, Justice of the Peace, or other municipal official.

In the United States, unlike in some other countries, a wedding may simultaneously be a civil ceremony (in which the participants marry in the "eyes of the law") and a religious ceremony (in which the participants marry in the "eyes of God").

[edit] Sociology

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Married couples typically reside in their own dwelling.

[edit] "Green card" marriages

According to one publisher of information about "green card" marriages, "Every year over 450,000 United States citizens marry foreign-born individuals and petition for them to obtain a permanent residency (Green Card) in the United States."[3] While this is likely an over-estimate, in 2003 alone 184,741 immigrants were admitted to the U.S. as spouses of U.S. citizens.[4]

[edit] Divorce

Main article: Divorce in the United States

Divorce is the province of state governments, so divorce law varies from state to state. Prior to the 1970s, divorcing spouses had to allege that the other spouse was guilty of a crime or sin like abandonment or adultery; when spouses simply could not get along, lawyers were forced to manufacture "uncontested" divorces. The no-fault divorce revolution began in 1969 in California; South Dakota was the last state to allow no-fault divorce, in 1985. No-fault divorce on the grounds of "irreconcilable differences" is now available in all states. However, many states have recently required separation periods prior to a formal divorce decree. State law provides for child support where children are involved, and sometimes for alimony.

"Married adults now divorce two-and-a-half times as often as adults did 20 years ago and four times as often as they did 50 years ago... between 40% and 60% of new marriages will eventually end in divorce. The probability within... the first five years is 20%, and the probability of its ending within the first 10 years is 33%... Perhaps 25% of children ages 16 and under live with a stepparent."[5] The median length for a marriage in the US today is 11 years with 90% of all divorces being settled out of court.

[edit] References

  1. ^ U.S. Census Bureau Current Population Survey America’s Families and Living Arrangements: 2006.
  2. ^ Loving v. Virginia, 388 U.S. 1 (1967).
  3. ^ Green Card Marriage | Immigration
  4. ^ http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2003/2003IMMtables.pdfPDF (2.03 MiB)
  5. '^ Brian K. Williams, Stacy C. Sawyer, Carl M. Wahlstrom, Marriages, Families & Intimate Relationships, 2005

[edit] See also

v • d • e
Marriage by country