In the field of family law, there are laws in every state which state that, in certain situations, people can’t get married even if they want to.
There are many reasons why a state government would dissallow a marriage. Although the laws vary in every state, the typical reason for disallowing a marriage are:
- A marriage was entered into before a prior marriage was dissolved. This can be true even if divorce proceedings are currently ongoing or soon to end. Until a court order for a dissolution of marriage is entered, the divorcing parties are still married and not free to re-marry.
- A marriage between two people who are too closely related. This category typically includes brother and sisters, ancestors and descendants, and other incestual relationships. The prohibition also often applies to marriages between uncles and nieces or aunts and nephews, or first cousins. However, in rare circumstances, some states have allowed close kin marriages when they related to aboriginal cultures or customs.
- A marriage between persons of the same sex. This prohibition is not true for every state; however, the number of states which allow same sex marriage are limited. Furthermore, even if one state does allow same sex marriages, another state may not allow their courts to recognize that out-of-state marriage. This has serious implications on property ownership and other marital rights between states in the United States.
- When one of the parties who desires to get married is mentally handicapped in some fashion. Many states will have laws related to whether a developmentally disabled person can be married. At times, developmentally disabled persons may have a guardian appointed to watch over that person and make personal and financial decisions on behalf of the disabled person.
If the disabled person desires to marry, often the guardian will have to be notified and there may need to be a court proceeding. Additional parties, such as a mental health commissioner, may also need to be involved in the decision. Again, the laws in each state vary on the requirements for marriages between mentally disabled persons.
To find out about the laws related to who can marry in your state, you should speak with a Apple Valley MN family lawyer in your area.
