Model Legislation: Statutory Obligations of Marriage

Why Define Marriage Obligations by Statute?

Most states in the United States do not explicitly define the obligations of marriage by statute, relying instead on the common law understandings. Defining the basic obligations of marriage by statute (see model statute and commentary below) offers firmer guidance to courts and family law as a discipline about the nature and public purposes of marriage, and also (therefore) greater protection to marriage from judicial redefinition contrary to public norms and legislative intent.

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Model  Marriage Obligations Statute (drafted as if for Minnesota) click here

Statutory Obligations of Marriage, Louisiana statute, click here