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Government, Marriage and Contract Law

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C

cam--

Guest
Is this statement true in the USA?

"Government is in the business of marriage because marriage is a contract. Government enforces contracts."


cam
 


K

krispenstpeter

Guest
What in the hell are you talking about?

The Jerry Springer show isn't on for another hour. :rolleyes:
 
C

cam--

Guest
It was a reply in another forum to a comment I made. It feels wrong, but I dont enough about law to say why with any authority or certainty. I was hoping someone here could help dispell my confusion.

The government does not enforce contracts .. correct? The courts can decide a civil dispute over a contract though? Is that correct?

Marriage isnt a contract right? It is just exchanged vows, there is nothing contractual about it. Correct?

cam
 
K

krispenstpeter

Guest
Wrong on several counts.

But if you think anyone is going to get into a discussion on this topic you'd be mistaken. You are looking at not only weeks of teaching you about contracts and state's rights, but about the constitution and legislative intent of the several states.

If you want help with your homework, ask your professor.
 
I

I AM ALWAYS LIABLE

Senior Member
It was a reply in another forum to a comment I made. It feels wrong, but I dont enough about law to say why with any authority or certainty. I was hoping someone here could help dispell my confusion.

The government does not enforce contracts .. correct?

MY RESPONSE: Incorrect.



The courts can decide a civil dispute over a contract though? Is that correct?

MY RESPONSE: The courts ARE part of the "government" - - the Government of the United States, and of the various States, are divided into three general groups or branches; (1) the legislative, (2) the executive and (3) the judicial (the courts).



Marriage isnt a contract right?

MY RESPONSE: Wrong. It is, in fact, a "contract".



It is just exchanged vows, there is nothing contractual about it. Correct?

MY RESPONSE: Wrong. The vows are the "promises" made between the persons. The marriage statements that are made by the "officiate" are also incorporated into, and a part of, the totality of the "contract" because each person says "I do".

When two people "divorce", it's due to a "breach" of that "contract". Each State has it's own rules (laws) concerning what type of "breach" must occur before a divorce will be granted. Some States require no "breach" at all; e.g., California. Some require stringent breaches in order to obtain a divorce; e.g. Maryland.

IAAL
 
C

cam--

Guest
krispenstpeter said:
Wrong on several counts. ... But if you think anyone is going to get into a discussion on this topic you'd be mistaken. You are looking at not only weeks of teaching you about contracts and state's rights, but about the constitution and legislative intent of the several states. .. If you want help with your homework, ask your professor.
Click to expand...
Mate, I am 33, I am not in school. I am also not American. I am sorry that I took up your precious time by asking. I thought I was asking a geniune question, to a forum of people that were willing to discuss these kinds of topics and help out those that were trying to understand the general complexities of law.

It is obvious now I came to the wrong place. So much for this being a open forum. I will look for somewhere else to ask the same question without being treated rudely.


cam
 
K

krispenstpeter

Guest
Did you notice big guy that this jerk is not in the U.S.?

:rolleyes:
 
I

I AM ALWAYS LIABLE

Senior Member
krispenstpeter said:
Did you notice big guy that this jerk is not in the U.S.?

:rolleyes:
Click to expand...


My response:

Yeah, but what the hell. I know that we normally don't answer questions concerning laws of other nations; however, mine was just a general statement, and answer, concerning marital laws in the United States; i.e., Is a marriage a contract?

IAAL
 
C

cynthia9

Guest
Marriage Contract

"I am Liable" is right on.

In Illinois the statute or LAW is called the "Illinois Marriage and Dissolution of Marriage Act".

In my opinion and some in the legal profession, which is where I got the information think the basic contract is:

I will be responsible to take care of the kids and the home and you will be responsible to take care of the financial needs of the family.

I am giving up the ability to build my own career in exchange for building a family, you are giving up the ability to be with the family throughout the day in order to provide for the families financial needs.

I am giving up much more than you are giving up and so therefore the laws are there to protect me, moreso than to protect you.
-----------------

I am recently, maybe?? Divorced. That is a question the appeals court is going to be asked to decide, whether or not I am actually divorced or not since the judge in the case failed to submit the final judgment and the notice to the state still has not been submitted.

No record of our divorce, weird huh.

Cynthia
 
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