Question 1:
Every state has its own laws pertaining to marriage, divorce, and
annulments. However, every state has laws that “establish an age capacity to marry”
which prevents any party under a certain age to marry, even if they have parental
consent. Mary. E Wilson, Family Law for the Paralegal 116 (3rd ed. 2017). States
also set an age in which a marriage can only take place with parental consent and/or
approval from the courts if the party seeking marriage is above the age capacity but
under the age of consent. Id at 116. In order to qualify for an annulment, you must be
able to prove that your marriage is voidable. Typically, this is what is required of the
party who is challenging the validity of their marriage and is known as “burden of
proof” which proves a “state law or regulation was violated at the time the marriage
was entered.” Id at 121. Under the assumption that Roger and Vicki had a valid
marriage, where parental consent and/or court approval is evident, and that Roger
was aware of Vicki’s underage status at the time of marriage, I would say that their
marriage does not qualify for annulment and that it calls for divorce. Also, the client,
Vicki, states the reasoning for the divorce is due to “marital difficulties.” According to
the textbook, “the vast majority of cases, the cause for divorce arises during the
marriage.” Id at 110. Taking all of this into consideration, the length of marriage (7
years), the birth of a child (Nicholas), the validity of the marriage, and the reasoning
for separation, my response would be consistent even if it was the husband, Roger,
seeking the divorce. From a Biblical standpoint, it is said that man and wife should
not separate. There are many different writings throughout the Bible stating that this
is an act of adultery and that divorce is not a valid option. “10 To the married I give
this charge (not I, but the Lord): the wife should not separate from her husband 11
(but if she does, she should remain unmarried or else be reconciled to her husband),
and the husband should not divorce his wife.” 1 Corinthians 7:10-11. “To the married
I give this charge (not I, but the Lord): the wife should not separate from her
husband.” 1 Corinthians 7:10.
References:
Wilson, Mary E. Family Law for the Paralegal (3rd ed. 2017).
1 Corinthians 7:10-11. English Standard Version
1 Corinthians 7:10 English Standard Version
Student #2
E L
Forum 2 - Annulment
An annulment can take place when certain legal grounds are present that can null
and void the marriage because of some from of impediment that exists within the
marriage. Mary E. Wilson, Family Law for the Paralegal 109 (3rd ed. 2017). Getting
an annulment is not a very easy thing to accomplish, as there are very strict grounds
required that will actually allow an annulment to be approved. These legal grounds
vary between states, but several remain the same. Id. at 113. One of the general
grounds for an annulment are related to the legal capacity of the individuals, which
can include nonage/underage, bigamy/polygamy, and gender. Id. at 116.
Vicki should seek an annulment. She was only seventeen when she and Roger
were married and if she did not have parental consent, or if she was not already
pregnant, then she will qualify for an annulment. Id. If Roger was seeking to end the
marriage, he would also be able to seek an annulment based on Vicki being
underage at the time of the marriage, as long as she did not have parental consent
and she was not currently pregnant. Id. When one party or both parties lack the legal
capacity to marry, the marriage is considered void from the beginning. Id.
God does not look favorably on divorce. Malachi 2:16 (King James Version) states
that God hates divorce and divorce does harm to that that man is supposed to
protect. 1 Corinthians 7:10 (King James Version) states that neither husband nor wife
should divorce one another; if divorce occurs, the wife should not remarry unless to
reconcile with her husband. It is preferred that Christian couples love and honor one
another and let God work through them and their marriage.
Running Head: STUDENT 1 RESPONSE 1
STUDENT 1 RESPONSE
Institute Affiliation
Name
Date
STUDENT 1 RESPONSE 2
Response
Marriage is a natural institution and a sacred union between a man and a woman. The
meaning and purpose of the union can come to an end either through a divorce or annulment
(Cherlin, 2009). Some factors facilitate the marriage to be declared null and void. Such
factors are age, mistrust and family issues, among others.
I like how you've discussed the laws pertaining to marriage, divorce and annulment
by a factor in age and causes of separation. You bring up excellent ideas about age capacity
to marry and qualification for an annulment and divorce in marriage because it genuinely aids
in understanding separation criteria. The annulment is a legal process that declares a marriage
null and voids such that it never existed in the first place. In this regard, the annulment does
not end a valid marriage; therefore, I agree that Vicki and Rodger's case qualifies to be a
divorce and not an annulment. This is because of the existing evidence of their marriage
validity, such as acknowledging Vicki's age, seven years of marriage, and approval for
marriage.
The Biblical aspect does not encourage divorce since when a woman and a man join
in God's presence, they become one body (Genesis chapters 1 and 2). The book of 1st
Corinthians 7:10 explains the conditions for separation, and the hidden meaning of the verse
is the inappropriateness to divorce since it's against the wish of God.
STUDENT 1 RESPONSE 3
Reference
1 Corinthians 7:10 English Standard Version
Cherlin, A. (2009). Marriage, divorce, remarriage. Harvard University Press.
Genesis Chapter 1 and 2 English Standard Version
Wilson, Mary E. Family Law for the Paralegal (3rd ed. 2017).
Running Head: STUDENT 2 RESPONSE 1
STUDENT 2 RESPONSE
Institute Affiliation
Name
Date
STUDENT 2 RESPONSE 2
Response
The annulment is among legal process which ends a marriage. The annulled marriage
is expunged from the lawful standpoint, and affirms marriage never existed and was not
valid. For an annulment to be proved by a court, there are various grounds for the annulled
marriage. For instance, these grounds are bigamy, forced consent, fraud, marriage prohibited
by law, mental illness, mental incapacity, and underage marriage (Cherlin, 2009).
I'll agree on the underage aspect of the concept of annulment; however, I'll disapprove
of you on the take on Vicki to seek an annulment. Rodger knew that Vicki was underage
before agreeing on the marriage union, and both stayed for seven years and blessed with a
son. The ground reason for the separation is marital difficulties, which is not among the
burden of proof for annulment. Divorce will be applicable here; it is not acceptable to be with
someone for almost a decade for the union to be declared null and void.
God hates divorce since it separates a sacred union that God has put together as one
body. It is a special covenant between woman and man and their God. It tears God's purpose
for marriage, such as the experience of companionship (Genesis 2:18) and procreation. The
1st Corinthians also do discourage about divorce in which a divorce individual should not
remarry unless he/she is reconciled back to his/her partner.
STUDENT 2 RESPONSE 3
Reference
1 Corinthians 7:10 English Standard Version
Cherlin, A. (2009). Marriage, divorce, remarriage. Harvard University Press.
Genesis Chapter 1 and 2 English Standard Version
Wilson, Mary E. Family Law for the Paralegal (3rd ed. 2017).
