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11-01-2007, 03:57 PM
| | Junior Member | | Join Date: Nov 2007
Posts: 2
| | | Using Marriage as a tool for Emancipation
What is the name of your state? Iowa.
This is a novel, I'm sorry. Just trying to include as much information as possible.
The Background.
I just turned 17. I'm in an accelerated program that allows me to go to college early, I'm currently enrolled in law school at a private University. I'm on independent study through the high school, this allows a lot more flexibility for me that usually is allowed people my age, for having a job and beginning to learn to be a self sufficient adult. However, much of this flexibility is restricted by my parents. I lived away from them over the summer and did fine, and when I moved back in with them in the beginning of the school year, a lot of problems began to pop up. I think this is due to my knowing freedom and living away from family, so it's hard for me to allow myself to be restricted and parented again. Much of their rules and things seem completely asinine and are really hindering me, academically, productively, socially, and I'm not happy at all with this situation. I've talked to them about possibly moving out and living with a family member, but they'll have none of it. They recently heard from someone about seeing me drinking at a party, and since then they're militant about everything.
Solution?
So, being in law school, I became curious about emancipation laws in Iowa, and looked them up. Marriage of a minor emancipated the minor, correct? Iowa law also states that persons under 18 who wish to be married must have a written certificate of consent from a parent, or get permission from a judge. However.... I did find this Quote: |
If either party to a marriage falsely represents the party's self to be eighteen years of age or older at or before the time the marriage is solemnized, the marriage is valid unless the person who falsely represented their age chooses to void the marriage by making their true age known and verified by a birth certificate or other legal evidence of age in an annulment proceeding initiated at any time before the person reaches their eighteenth birthday.
| This is very interesting, and might be a very helpful loophole. So this essentially means if I somehow find a way around presenting a valid birth certificate and photo ID when I apply for my marriage license, and falsely represent myself as being 18, my marriage is still valid, and my emancipation valid as well? What legal action, if any, could my parents take against this marriage/emancipation?
Thank you so much for any replies, I'll check back and offer additional information if need be. And I'll probably have more questions too. |
11-01-2007, 04:16 PM
| | Senior Member | | Join Date: Jul 2007
Posts: 1,168
| | Quote:
Originally Posted by aechain  What is the name of your state? Iowa.
This is a novel, I'm sorry. Just trying to include as much information as possible.
The Background.
I just turned 17. I'm in an accelerated program that allows me to go to college early, I'm currently enrolled in law school at a private University. I'm on independent study through the high school, this allows a lot more flexibility for me that usually is allowed people my age, for having a job and beginning to learn to be a self sufficient adult. However, much of this flexibility is restricted by my parents. I lived away from them over the summer and did fine, and when I moved back in with them in the beginning of the school year, a lot of problems began to pop up. I think this is due to my knowing freedom and living away from family, so it's hard for me to allow myself to be restricted and parented again. Much of their rules and things seem completely asinine and are really hindering me, academically, productively, socially, and I'm not happy at all with this situation. I've talked to them about possibly moving out and living with a family member, but they'll have none of it. They recently heard from someone about seeing me drinking at a party, and since then they're militant about everything.
Solution?
So, being in law school, I became curious about emancipation laws in Iowa, and looked them up. Marriage of a minor emancipated the minor, correct? Iowa law also states that persons under 18 who wish to be married must have a written certificate of consent from a parent, or get permission from a judge. However.... I did find this
This is very interesting, and might be a very helpful loophole. So this essentially means if I somehow find a way around presenting a valid birth certificate and photo ID when I apply for my marriage license, and falsely represent myself as being 18, my marriage is still valid, and my emancipation valid as well? What legal action, if any, could my parents take against this marriage/emancipation?
Thank you so much for any replies, I'll check back and offer additional information if need be. And I'll probably have more questions too. |
Hmmm... was there any truth to what your parents heard? Were you drinking?
You are in an accelerated program, in law school, all good so far, but on the flip side you have possible under age drinking (which is illegal) and you want to lie (break the law) to become emanicipated? You can't stick it out one more year?
This is not a very good track record, IMO, for someone that plans to become an attorney. Forget the legal ascpects here, these are not wise "adult" decisions and where is your integrity? |
11-01-2007, 04:24 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 28,187
| | | Marriage does not EMANCIPATE you...marriage BINDS you to someone else.
You want to be a lawyer?
No wonder lawyers have such lousy reputations.
We will not help you break the law.
__________________
There are two rules for success:
(1) Never tell everything you know.
|
11-01-2007, 04:24 PM
| | Senior Member | | Join Date: Jan 2005 Location: CO
Posts: 13,099
| | Co-sign with majomom. She's flat-out correct, undeniably right, indubitably without error. 
And now that I've read what The Judge has to say, I re-co-sign! 
__________________
"Judges want people to be reasonable. Where one parent won't be reasonable, judges still want the other parent to remain reasonable." Ford, at The Other Place |
11-01-2007, 04:36 PM
| | Senior Member | | Join Date: Jan 2007 Location: Michigan
Posts: 3,800
| | | I am puzzled when you say you are in law school.
Iowa allows high school students to take college level courses for credit through select community colleges. With the credit from these classes, you can eliminate courses required for a college degree - the AP classes taken in high school allow the same type of college credit. However, you can still not attend law school until you have graduated from college and taken the LSATs and been admitted to the law school, private school or not. Someone please correct me if I am wrong here. |
11-01-2007, 04:40 PM
| | Junior Member | | Join Date: Nov 2007
Posts: 2
| | | Yes, I was drinking. I do so occasionally.
I do not want to be a lawyer, I want to understand law. I'm in a course that integrates law, politics, and society. I want a good understanding on the legal functioning of my country.
If I thought it was healthy or possible for me to stay in this situation and stick it out for a year, I would try. This situation is detrimental to me, and I'm trying to find a way out. I'm trying to preserve myself. |
11-01-2007, 04:42 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 28,187
| | Quote:
Originally Posted by aechain ...
Yes, I was drinking. I do so occasionally.
...
If I thought it was healthy or possible for me to stay in this situation and stick it out for a year, I would try. This situation is detrimental to me, and I'm trying to find a way out. I'm trying to preserve myself.
.... | If you are really interested in preserving yourself, then you need to stop drinking and lying.
__________________
There are two rules for success:
(1) Never tell everything you know.
|
11-01-2007, 04:47 PM
| | Senior Member | | Join Date: Oct 2007
Posts: 2,138
| | | so you aren't attending law school? |
11-01-2007, 04:51 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 28,187
| | Quote:
Originally Posted by aechain ...
I'm currently enrolled in law school at a private University.
.... | And what is the name of this private university?
__________________
There are two rules for success:
(1) Never tell everything you know.
|
11-01-2007, 04:52 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 28,187
| | Quote:
Originally Posted by aechain ...I'm in a course that integrates law, politics, and society.... | What do you mean by that?
A general education class?
That's what it sounds like to me....
__________________
There are two rules for success:
(1) Never tell everything you know.
|
11-01-2007, 04:54 PM
| | Senior Member | | Join Date: Jul 2007
Posts: 1,168
| | Quote:
Originally Posted by aechain Yes, I was drinking. I do so occasionally.
I do not want to be a lawyer, I want to understand law. I'm in a course that integrates law, politics, and society. I want a good understanding on the legal functioning of my country.
If I thought it was healthy or possible for me to stay in this situation and stick it out for a year, I would try. This situation is detrimental to me, and I'm trying to find a way out. I'm trying to preserve myself. |
Either way... lying to get what you want is NEVER a right decision and under age drinking can get you into serious trouble, not to mention, it is also unhealthy.
Are you in accelerated classes? If that answer is yes, then living with your parents has not been that detrimental, and sticking it out one more year should be easy.
You had 'some' freedom and now think you are ready to be on your own? Your posts here prove that you are not ready. |
11-01-2007, 05:06 PM
| | Senior Member | | Join Date: Dec 2005
Posts: 21,705
| | Quote:
Originally Posted by aechain Yes, I was drinking. I do so occasionally.
I do not want to be a lawyer, I want to understand law. I'm in a course that integrates law, politics, and society. I want a good understanding on the legal functioning of my country.
If I thought it was healthy or possible for me to stay in this situation and stick it out for a year, I would try. This situation is detrimental to me, and I'm trying to find a way out. I'm trying to preserve myself. | You are not in law school. YOu are a liar. You need a bachelor's degree to be accepted to law school and you do not even have a high school diploma. You have broken several laws -- would you like to know which ones? MIP and consumption. Those are two. Shall I continue?
The situation is detrimental to you how? Your parents expect you to obey the law?
__________________
Parents should remember two things: Love your kids more than you hate your ex (or soon to be ex) and when you have children the relationship with the other parent is until death parts you.
Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. My advice is based on the law and not deemed to necessarily apply to the specifics of your case. The devil is in the details after all. |
11-01-2007, 05:09 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 28,187
| | You let someone talk long enough, they will tell the truth.
Did I learn that from 25 years on the bench?
Well, no...I saw it on Cold Case!
__________________
There are two rules for success:
(1) Never tell everything you know.
|
11-01-2007, 05:13 PM
| | Senior Member | | Join Date: Jan 2007 Location: Michigan
Posts: 3,800
| | | The legal drinking age in Iowa is 21. You are not allowed, at age 17 (or 18, 19, 20) to possess or consume alcohol. To be caught doing so is a misdemeanor. A first offense will cost you $100 - although, since you are still in high school (dual enrollment or not), the Juvenile Justice System in Iowa will decide your punishment.
I think if you are interested in learning about the "legal functioning" of your country, you might be wise to start with the laws on alcohol possession and consumption in Iowa. You may find your dual enrollment privilege disappears. Racking up misdemeanors is also not a great way to get into a law school. Follow your investigation of alcohol laws with investigations into perjury and fraud. Law school aspirations are slowly disappearing with a criminal record.
The Juvenile Justice System may decide you need MORE supervision, not less, and you may discover you are tied to your parents for far longer than either you, or they, wanted. |
11-01-2007, 05:25 PM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 14,808
| | | Why are any of you entertaining this lying idiot?
__________________
My new signature:
Originally Posted by arazi Quote: |
I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
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