This is National Marriage Week, as well as the week we celebrate Valentine's Day. So how successful are marriages here in the state of Michigan?
In 2011, there were 56,159 marriages. There were 33,940 divorces. The average length of marriage ending in divorce in Michigan was 9 years. (the 2012 figures have not yet been released).
How can you read those numbers and not be discouraged? Why are our marriages failing and in so short of a time?
One thing that couples can do is commit to counseling--particularly couple's marriage counseling.
Back in 2011, in order to understand the effectiveness of marriage counseling, even with couples who are going through a divorce, I spoke with Dr. Gail Majcher, a Northville psychologist.
Wendy Alton: “Dr Gail, what are your thoughts on marriage counseling before a couple files for divorce?”
Dr. Gail: “Marriage counseling is a good idea for the majority of cases. In fact, many of my couples have already filed for divorce when they first come in. I think the downfall is that it should not be implemented for abuse cases. Sometimes abuse in a marriage is well hidden and difficult to discover.”
Wendy Alton: “Dr. Gail, how common is marriage counseling and is there any sort of success rate?”
Dr. Gail: “I have a masters degree in marriage counseling as well as a Ph.D. in clinical psychology. Over the last 30 years of my practice, marriage counseling constitutes about 30% of my cases. The marriage counseling that I conduct is intense and includes homework for the couple so the process can go faster. My success rate for married couples is at least 70%.”
As a divorce lawyer, I have to admit that the 70% success rate is surprising—but also very encouraging. So, from a professional who knows from experience, marriage counseling can absolutely save your marriage, even if you have filed for divorce.
For information, tips, tools and encouragement, visit the National Marriage Week website: http://www.nationalmarriageweekusa.org/
Dr. Gail is a local Northville psychologist, and you can learn more about her on her website: www.DrGail.com. Dr. Gail also published a book called “A Worthy Woman: Victory over Domestic Violence, a True Story and Self-Help Book.” She can also be heard on WJR as the co-host of “Sunday Sessions,” a psychological edu-taining show about mental health issues.
Dr. Gail can be reached at (248) 345-5050, and her office is at 114 Rayson, Suite One D, Northville.
If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.
Wendy Alton: Experienced and compassionate attorney empowering clients to creatively resolve family conflict.
Ann Arbor, Michigan | 734-673-3567 | wendy@wendyaltonlaw.com |https://wendyaltonlaw.com
Showing posts with label marriage. Show all posts
Showing posts with label marriage. Show all posts
Tuesday, February 12, 2013
Thursday, April 21, 2011
No Common-Law Marriage in Michigan
Common law marriage is the term for a “marriage” that exists solely by agreement and by cohabitation. More simply, a common-law marriage exists when two people agree to live together to be “married.” Common-law marriage is one of the fundamental rights that has existed in this country since the first settlers.
In 1838, Michigan passed a law that stated that “marriages may be solemnized by any justice of the peace in the county in which he is chosen, and they may be solemnized throughout the state by any minister of the gospel who has been ordained.” This was the first law enacted in Michigan in order to move away from the recognition of common-law marriage. The law was formalized in order to try to require either a justice of the peace or a minister to “solemnize” a marriage.
However, the law didn’t stick. In 1877, the United States Supreme Court heard the case of Meister v Moore. This was a case about the validity of a common-law marriage between William Mowry and his wife, Mary, the daughter of a Native-American named Pero. William Mowry had cohabitated with Mary for seven years, and then passed away. They had one daughter together, and if they were actually married under Michigan law, any property William owned would eventually pass to his daughter. If William wasn’t married under Michigan law, then any property he owned would pass to his mother.
The United States Supreme Court ruled that Michigan’s law of 1838 did not require that marriages be validated by a justice of a peace or a minister, but instead stated such solemnization (authorization) was discretionary: “marriages may be solemnized.” Thus, the common-law marriage of William & Mary was valid, and their daughter would eventually inherit any land that William owned.
It appears that Michigan did not address this issue again until January 1, 1957, when it changed its law to require that marriages must result only from a marriage license. After January 1, 1957, mere consent to be married or cohabitation would not be enough. A couple wanting to marry and have their marriage recognized by Michigan law would have to apply for and receive a marriage license. After the marriage license was issued, the marriage would then have to be authorized by a judge, a mayor, a court clerk or a minister.
However, Michigan will recognize a common-law marriage that was entered into before January 1, 1957, and will also recognize a common-law marriage that was formed in another state that recognizes such common-law marriages under their law. Presently, only Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and the District of Columbia recognize common-law marriages.
Long story short, in Michigan, unless you have lived with someone with the agreement that you are married since December 31, 1956, Michigan will not acknowledge your common-law marriage. In order to be married, you must apply for a marriage license, and have your marriage solemnized or authorized by persons specified by Michigan law. This also means that in Michigan, in order to receive all the benefits that a spouse receives (health care, property, and inheritance); just living together is not enough.
If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.
In 1838, Michigan passed a law that stated that “marriages may be solemnized by any justice of the peace in the county in which he is chosen, and they may be solemnized throughout the state by any minister of the gospel who has been ordained.” This was the first law enacted in Michigan in order to move away from the recognition of common-law marriage. The law was formalized in order to try to require either a justice of the peace or a minister to “solemnize” a marriage.
However, the law didn’t stick. In 1877, the United States Supreme Court heard the case of Meister v Moore. This was a case about the validity of a common-law marriage between William Mowry and his wife, Mary, the daughter of a Native-American named Pero. William Mowry had cohabitated with Mary for seven years, and then passed away. They had one daughter together, and if they were actually married under Michigan law, any property William owned would eventually pass to his daughter. If William wasn’t married under Michigan law, then any property he owned would pass to his mother.
The United States Supreme Court ruled that Michigan’s law of 1838 did not require that marriages be validated by a justice of a peace or a minister, but instead stated such solemnization (authorization) was discretionary: “marriages may be solemnized.” Thus, the common-law marriage of William & Mary was valid, and their daughter would eventually inherit any land that William owned.
It appears that Michigan did not address this issue again until January 1, 1957, when it changed its law to require that marriages must result only from a marriage license. After January 1, 1957, mere consent to be married or cohabitation would not be enough. A couple wanting to marry and have their marriage recognized by Michigan law would have to apply for and receive a marriage license. After the marriage license was issued, the marriage would then have to be authorized by a judge, a mayor, a court clerk or a minister.
However, Michigan will recognize a common-law marriage that was entered into before January 1, 1957, and will also recognize a common-law marriage that was formed in another state that recognizes such common-law marriages under their law. Presently, only Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and the District of Columbia recognize common-law marriages.
Long story short, in Michigan, unless you have lived with someone with the agreement that you are married since December 31, 1956, Michigan will not acknowledge your common-law marriage. In order to be married, you must apply for a marriage license, and have your marriage solemnized or authorized by persons specified by Michigan law. This also means that in Michigan, in order to receive all the benefits that a spouse receives (health care, property, and inheritance); just living together is not enough.
If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.
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