Family Law,Marriage

Living Together Outside of Marriage

Can two people live together without being married?
Of course. The Census Bureau reports 3.8 million people cohabit. Two unrelated people can generally live together anywhere they want. A few states still have laws prohibiting "fornication"--sexual relations between a man and woman who are not married--but such laws are virtually never enforced.
Some states have also had laws against "sodomy," which, among other things, prohibited sexual relations between people of the same sex. Those laws have rarely been enforced if the conduct is private, consensual, and between adults. Moreover, in 2003, in Lawrence and Garner v. Texas, the U. S. Supreme Court invalidated a Texas law that criminalized oral and anal sex by consenting gay couples. This effectively declared unconstitutional all state sodomy laws as they applied to private, consensual intimacy.
May two unmarried people who are living together enter into agreements about sharing expenses or acquiring property?
Yes. People may want to agree about who will pay what and how they will share in property that they might acquire. From a legal standpoint, it is best to make the agreements specific and in writing. An oral agreement might be enforceable, but it is more difficult to prove because the parties to the agreement often have differing views. Each party to the agreement should give some benefit to the other party, such as agreeing to pay a certain portion of expenses. If an agreement looks as though it is only creating a gift from on
Will a court enforce an agreement by which one unmarried partner agrees to keep house and the other promises financial support?
Probably not, but laws on this issue vary from state to state. To begin with, such agreements are rarely in writing, so they are hard to prove in court. Second, to the extent that one person is promising financial support to the other, that promise is usually contingent on a continuation of the relationship. If, for example, one partner tells the other, "I'll take care of you," the statement may be too vague to be enforceable; if it means anything, it probably means something along the lines of "I'll support you financially as long as we are living together." So, if the couple breaks up, a court would probably not find an enforceable promise for continued support.
There is a potential third problem: If a court thinks an agreement amounts to providing financial support in exchange for sexual relations, the court will not enforce it. Such an agreement is considered to be close to a contract for prostitution.
Courts are more inclined to enforce agreements that provide for tangible items, such as payment of expenses or rights to property. A promise of housekeeping services or emotional support for a partner may be sincere, but it is much more amorphous than a promise to pay half the phone bill or share the proceeds of a condominium sale.

Domestic Violence

What are legal remedies for domestic violence?
There are several remedies. All states allow a court to issue a protective order, ordering the alleged abuser to stop abusing or harassing someone. In addition, the orders will often require the abuser to stay away from the spouse, the spouse's home, or the spouse's place of work. If the person continues to abuse his or her spouse (or another person protected by the order), the abuser can be charged with a criminal violation of the order in addition to being charged with other offenses, such as battery.
In many states, protection is also available for people in dating relationships that have become abusive.
What kinds of actions are considered domestic violence?
Domestic violence statutes in most states apply not only to physical attacks, but also to other types of conduct. Examples of conduct that could be considered domestic violence include creating a disturbance at a spouse's place or work, making harassing telephone calls, stalking, and threatening a spouse or family member (even though the threat may not have been carried out.)
Do protective orders actually protect the victim of domestic violence?
Sometimes. Studies have shown that issuing a protective order or arresting a person who commits an act of domestic violence does reduce future incidents of domestic violence. When perpetrators of domestic violence see that the police and the court system will treat domestic violence seriously, many persons who commit domestic violence may be deterred from future violence. But orders of protection are not guarantees of protection or safety. Some individuals under the influence of intense anger or rage will not change their behavior regardless of whether a court order has been issued--and a court order might even add to the rage. The legal system cannot offer perfect protection, although it can reduce violence overall.