Legal Guide to Elopement

Feeling romantic and spontaneous after the recent Supreme Court decision on gay marriage? Itching to tie the knot with someone special? You are not alone. The Supreme Court of the United States recently proclaimed in Obergefell v. Hodges that,

[m]arriage is sacred to those who live by their religions and offers unique fulfillment to those who find meaning in the secular realm…. Rising from the most basic human needs, marriage is essential to our most profound hopes and aspirations.

But don’t move too fast. Here are five important legal issues to keep in mind if you are considering eloping with your sweetie to the nearest chapel:

1. You Need A Marriage License

Each state has different standards for obtaining a marriage license. For example, in California, both parties must appear in person and bring valid picture identification to the County Clerk’s Office to apply for a marriage license.

In some states, like Louisiana, there may even be a waiting period of up to three days before and after receiving your marriage license.

You may have heard that you need a blood test to get married. This is mostly myth. However, until recently, some states, like Mississippi, required a blood test to obtain a marriage license. However, today you can get married in most states that used to require a blood test by simply waiving the blood test requirement through informed consent.

2. Prepare for the Costs

The cost of a marriage license varies state by state and can be reduced by your own level of your preparation.

For example, Georgia has a program where all fees associated with your marriage license can be waived so long as you show proof of completion of an approved premarital counseling course. Generally, fees for marriage licenses are around $100 to $200 with the fee for the license and any subsequent copies. But buyer beware: as cheap as getting married may be, divorce is still very expensive and filing fees for divorces are rising to $450 in some counties in California.

3. You will need an Officiant

The person who marries you is called the marriage officiant, and this person can be a clergyperson or otherwise authorized individual. Remember how Joey married Monica and Chandler in Friends? Depending on your state, many different types of individuals are authorized to perform weddings, including ship captains and Medicine Men or even shamans.

In California, anyone who officiates a wedding is required by law to complete the marriage license and return it to the County Recorder’s office within 10 days of the event for registration. Each state will have its own requirements so be sure to check with your state and county on who can officiate your wedding.

4. Elopement means alone, right? Wrong.

Nope, some states require that you must also have at least one witness present at your ceremony. These requirements are varied as other states required at least two witnesses, and some states, like Florida, do not require any witnesses. It is best to check with your local county to be sure about the witness requirement.

5. Make sure you do your homework.

Depending on your state you may have to read information about marriage and make a sworn affidavit before obtaining a marriage license. For example, in Florida all newlyweds must certify that they have read the Family Law Handbook created by the Family Law Section of the Florida Bar.

While many states do not require this step, as a family lawyer, I recommend that everyone consider aprenuptial agreement or at least understand what your state’s property laws entail upon dissolution before taking the plunge. Elopement and prenups are a bit antithetical as California requires that (1) Both parties must be represented by separate independent attorneys, (2) disclose fully their finances (including any assets and debts), and (3) the final form of the agreement must be in the hands of each party at least seven days prior to signing the document. The prenup requirements can put a damper in the honeymoon planning, but as a family lawyer, I’d rather be safe than sorry.

Enjoy the summer wedding season and plan accordingly!

Is mediation right for me?

·       Are you and your spouse committed to a process that relies cooperation and compromise?
·       Do you want to limit the effects that litigation will have on minor children?
·       Do you want to jointly decide on a post-divorce plan, rather than have a judge decide how you will divide your marital assets and care for your children?
If you answered yes to the questions above, then Mediation is right for you. 

Can I be arrested for failure to pay child support?

Over the weekend, the Rapper DMX was arrested for failure to pay $400,000 worth of unpaid child support. See the story here: http://time.com/3939090/dmx-arrest-child-support

Is that possible? Yes. Experienced family law attorneys will explain that the failure to pay your child support may result in criminal penalties and even jail time.  California law provides that the willful failure to provide for a child under the age of 18 is a misdemeanor with a maximum punishment of 1 year in the county jail and a $2000 fine. Pen C §270. 

If you are unable to make child support payments and you fail to appear in a court process to explain why, the Court can issue a warrant for your arrest based on contempt. If you are having trouble with your payments due to a change in your employment circumstances or other financial strain, you can approach the Court and ask for a modification of your child support payments. The Court uses a guideline scale based on a computer program to estimate child support payments and will grant you relief if you meet certain criteria. If your ex spouse claims that you cannot see your children based on your failure to pay child support, you should consult a San Francisco Family Lawyer who can help you adjust your payments and figure out how much you owe if you are behind.   

Do you need a QDRO?

Your retirement account could be a big ticket item during a divorce.  Experienced family law attorneys will tell clients that pensions and related retirement benefits are vital assets of high value that should be addressed whenever one or both spouses have been employed during marriage. Clients may be told by an attorney that they need a QDRO (pronounced QUADRO).  A QDRO is a qualified domestic relations order, which is a fancy description of what amounts to a court approved document that tells your Pension where the money should go after a divorce. This is another family law process that can cost between $1,000 and $2,000 dollars. But when do you actually need a QDRO? This chart shows when you need a special QDRO or when you can divide the pension without a QDRO. Make sure you know what type of retirement account you have before you walk into an attorney's office. 

My ex - remarried - do I get to stop paying support?

Yes. Under California law spousal support terminates on an ex spouse's re-marriage even if that event is not listed in judgment as a terminating event.  

This means, even if you fail to specify in your settlement agreement that support will end on re-marriage - you can still stop payments at that date. Marriage of Thorton (2002) 95 CA 4th 251.

 Contact amanda@gordonfamilylaw.com for more information.