Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SUNDAY, February 12, 1995 TAG: 9502100021
SECTION: YOUR WEDDING PAGE: 10 EDITION: METRO
SOURCE:
DATELINE: LENGTH: Long
The legalities of getting married start well before the wedding, with the purchase of the marriage license.
To get a license, both people have to appear in person at the Circuit Court Clerk's office for the city or county in which they live. If the two people live in different counties, they can choose which court to go to. Even if the couple plans on being married in another part of the state where neither of them live, they must get the license from their own court.
Although couples are no longer required to take blood tests, there are still a few rules to follow.
First of all, said Kathy Childs, a deputy clerk with Roanoke City's Circuit Court, both parties must be older than 18 years old. Men and women between the ages of 16 and 18 can be married only with a parent's permission. Females younger than 16 must also be pregnant to marry, and males younger than 16 cannot marry at all.
The charge for a marriage license is $30, which must be paid in cash, Childs said. It is good for 60 days after the date it is issued.
If one or both of the parties have been married before, it's a good idea to have a certified copy of the divorce certificate, but if one isn't available, the clerks rely on the fact that applicants swear under oath that the information they provide is true, Childs said.
A justice of the peace, a judge or a minister who is qualified with the state can perform marriage ceremonies.
After the wedding, the minister or judge returns the license to the court, where it is permanently entered in the county or city records. A copy also is sent to the Department of Vital Statistics in Richmond. The newlyweds are sent a certificate which they can keep.
Along with the license, the woman is given a form she can use to let the Social Security Administration know if she has changed her name. She will need to return to the clerk's office after the wedding for a certified copy of her license to send along with the form. The cost of the copy is $3, Childs said.
Throughout their married life, a couple will need to consult with a lawyer from time to time. Matters such as name changes don't usually require the services of an attorney, but there are exceptions.
For generations, a woman took her new husband's name "by custom and tradition," said Roanoke attorney Michael Ferguson, but today many women are choosing not to. The woman's name does not change automatically when she marries, and there is no law that compels her to do so.
Changing a name "gets to be a hassle," Ferguson said, especially if a woman marries several times. "It's best to stick with one name," he said.
If the groom decides to change his name, or if the bride wants to assume a previous name, they must petition the court to do so, Ferguson said. Changing a woman's name after a divorce cost $15, which covers the clerks' fee. Any other kind of name change costs about $300, he said.
After a couple marries, they have a certain amount of legal responsibility toward one another, Ferguson said. There is an "obligation of support," which "theoretically works both ways." This means that if one party in the marriage walks away and leaves the other destitute, the person who was deserted can petition the court for emergency support payments until a hearing is held to determine whether she is capable of supporting herself. Although desertion would be grounds for a divorce, Ferguson said, the court can order the payments regardless of whether a divorce suit will be filed.
There also are some rights that marriage does not automatically entitle a couple to. For instance, many people believe that once a couple is married, they have control over each other's persons and assets.
Personal property, bank accounts, stocks and bonds and other security interests that are in one person's name belong to that person, regardless of marital status. The other spouse cannot use these assets, even if the owner becomes ill or incapacitated.
The same goes for medical treatment, Ferguson said. Although hospitals will ask the spouse for permission to treat someone who is ill, the spouse has no legal right to make decisions for him.
In these cases, Ferguson said, the spouse must go to court and ask to be appointed guardian of the assets and the person.
To avoid a lengthy legal process, Ferguson advises married couples to sign powers of attorney that give each of them jurisdiction over the other in certain situations.
Some couples prefer to combine all their assets, he said, but that can lead to problems if there is a divorce. Property that formerly belonged to one spouse would then belong to both, and would be subject to division in a divorce settlement.
Combining assets also can be a problem if the couple together has a net worth of more than $600,000. Anything over that amount is subject to an estate tax when one spouse dies. Many couples choose to divide the assets between themselves, so that together they can have up to $120,000 of tax-exempt property.
Ferguson even advises couples to set up separate checking accounts, with one joint account for household expenses.
But Roanoke attorney David Nixon said that a joint account for each spouse also is a good way to provide easy access to all of a couple's assets, while providing each of them with an account for their use.
Newly married couples also should consider writing wills, Ferguson said.
"A will is essential," Nixon agreed, especially for people in their 50s and 60s.
Currently, if a person dies without a will, all of his property would go to his spouse, unless there are children from a previous marriage. In those cases, the present spouse gets one-third of the estate and the children get the rest. But that has not always been the case, Nixon said. Inheritance laws can be changed, and it is best not to rely on them, he said.
If there are children involved, it is especially important to have a will, Ferguson said, to make sure they are provided for and that a guardian or a trustee is appointed to look after them and their financial affairs.
Nixon also recommends living wills or medical powers of attorney, which make sure that a person's wishes are carried out in regard to medical treatment.
Do-it-yourself documents are available, Nixon said, but each one is different, and couples should read them carefully to make sure they cover everything. It might be worthwhile to consult an attorney, he said. Most lawyers will draw up a power of attorney or a living will for under $50.
Pre- and post-nuptial agreements are other tools for managing assets, but they are not terribly popular, Ferguson said, especially with people who are marrying for the first time.
"It's not a very romantic thought," he said.
"Many people think it's a bad thing to do before marriage," Nixon said, as though it predisposes the union to fail.
But they can be useful when there are assets that someone wishes to protect, either for themselves, or for the children of a prior marriage.
Debts are something else that married couples would be well-advised not to share, Ferguson said. Except in cases where a loan or an account is in both spouses' name, neither of them is responsible for the other's debts, whether they were incurred before the marriage or afterward.
Under common law however, both are responsible for some debts, Nixon said.
"It covers only the necessities, such as food, shelter and emergency medical treatment," he said.
Unfortunately, when the caterer or the florist does not live up to an agreement, some couples are faced with filing lawsuits before they can go on to other legal matters.
Although on the surface, these are simple breach-of-contract cases, additional agreements are often made orally well after the written contract is signed, Nixon said. This makes these cases "very difficult to win, and most of the time, the plaintiff will lose," he said.
The best way for a couple to protect themselves is to have a written contract that includes as many of the details as possible, he said. "Get as much of it in writing as you can."
After they marry, a couple's credit history is kept separate, so that if one spouse has bad credit, it does not affect the other, said Gwen Howard of the Credit Marketing and Management Association. In fact, spouses do not even have access to the other's credit history.
It is important for a young woman with no credit history to establish one in her own name rather than to rely on her husband's, Howard said. Even if she makes payments on debts in her husband's name she is not given credit for it and will have no history of her own.
Newly married couples must also consider their insurance situation, said Kevin Cole, a sales associate with Allstate Insurance Companies. That generally means buying or updating auto, homeowners, life and health insurance.
Combining an auto policy can often mean a discount if both spouses have good driving records, Cole said. If one member of the couple has a bad driving record and is on a substandard policy, he or she can be placed on the other spouses' policy, at least until renewal time. At that point, they would both have to go on a substandard policy, Cole said.
Some companies also tie homeowners policies in with the auto coverage, offering further discounts.
Even couples who rent need homeowners' policies, Cole said, and older couples with large assets need to review and sometimes increase their coverage. Additional insurance can be purchased to cover items such as wedding rings, furs and collectibles.
Most standard auto and homeowners' policies have a liability limit of $100,000, Cole said. Purchasing an umbrella policy can bring the coverage up to $1 million or more, he said.
"This is probably one of the best policies you can buy," Cole said.
In buying life insurance, a couple needs to consider what their goals are, he said. Some people want just enough to pay for a funeral, others want to be sure the surviving spouse can continue to live at the same level as before, or to provide for a college fund for their children.
When buying life insurance, the younger a couple is, the better, Cole said. Premiums are always higher for older people.
Unfortunately, he said, "young people don't think they're ever going to die," and many of them wait longer than they should to buy life insurance. Although no one likes to think about a child dying, children should be added to the parents' policy as soon as they are born.
If the spouses are already covered by different companies prior to their marriage and want to choose between them, they must be careful to make sure "they're comparing apples to apples," Cole said, especially when it comes to health insurance. They must make sure that the rates they are quoted are for the exact same type of coverage before going with the lowest. If the rates are comparable, it's best to go with the policy that has been held the longest, Cole said. But if one spouse has a pre-existing condition, the couple might want to stick with that policy so there will be no waiting period.
It's also important for a newly married couple to get their financial situation in order.
"Financial issues are one of the biggest causes of divorce," said accountant Hope Player, and some couples wait to consult a professional until it's too late.
"Marriage is a huge step, and it's important that everyone understands what they're getting into."
Whether or not to combine checking accounts and other assets is "a personal thing," depending on what the couple is comfortable with, Player said. Prior to the marriage the couple should sit down together, count up their assets and decide how they will be combined, she said.
Couples often need advice on filing a joint tax return for the first time, and spouses of small business owners need to know what their responsibility toward the business is, she said.
Although each spouse may have his or her own accountant at the time of the marriage, it's important that they choose one or the other, Player said, so they won't be paying for duplicate services. This is especially necessary for older couples who may be bringing many assets to the marriage.
by CNB