<- Back to the Legal Right of Commercial Divers
Marriage Law 101
Delise & Hall felds countless calls from divers and their
“signifcant others” about domestic law. Here are but a
few of the typical questions felded time and time again
followed by a general overview of the law.
Issue One: What law applies?
Walking down the aisle to exchange vows with the love of
one’s life is heady stuff. Institution of marriage brings with
it signifcant changes is a person’s life.
In discussing these changes it is important to start at
the beginning. When are you really married? Each state
in the union establishes its own set of laws concerning
domestic law. One state may have fve grounds for
divorce, another seven. Some states are community
property states, some are not.
The frst step in the process of understanding a person’s
legal rights is to determine which state law controls.
To accomplish this initial step one must determine the
“legal domicile” of the couple. The “legal domicile” is
customarily defned as the “permanent residence of the
couple and the place where the couple returns or intends
to return.” Simply said, it’s “home”.
Many commercial divers tend to live a transient existence
until they are frmly established in their career. For
example, assume Diver Dan and his lovely signifcant
other Betty Sue frst met in Muskogee, Oklahoma.
They lived there together for three years in a home
they purchased. Diver Dan then decided to go to dive
school in Houston, Texas. Dan and Betty Sue shared an
apartment while Dan attended dive school and later the
couple moved to Morgan City, Louisiana where they rent
an apartment while Dan works the Gulf of Mexico.
The couple returns to their home in Oklahoma during the
winter months when work in the Gulf is slow. Betty Sue
just can’t stand living in South Louisiana.
The frst question to ask in determining which state law
would govern this relationship is: where is Dan and Betty
Sue’s domicile? There is a strong argument that the
domicile is Oklahoma because that is where the “family
home” is located, although an argument can also be
made for Louisiana.
The second important issue in any domestic dispute is
determining whether a couple is “legally married”. Defning
marriage may be more complicated than one would
imagine. In most jurisdictions marriage is defned as “the
legally recognized union between a man and woman” and
requires a marriage license and legal ceremony.
“Common law marriages” are recognized in ffteen states
where the couple holds themselves out to be a married
couple and act in a manner where the community would
assume a husband-wife relationship. Those states
recognizing such unions are: Alabama, Colorado, Georgia (if created before 1/1/97), Idaho (if created
before 1/1/96), Iowa, Kansas, Montana, New Hampshire
(for inheritance purposes only), Ohio (if created before
10/10/91), Oklahoma (possibly only if created before
11/1/98 and with limitations), Pennsylvania (if created
before 1/1/05), Rhode Island, South Carolina, Texas, Utah.
A common law marriage has all of the legal benefts and
responsibilities of a traditional marriage. In some states
a divorce is necessary to end the relationship. Each of
the ffteen states has its own specifc mandates for the
couple’s relationship to be recognized as a marriage.
Texas, for instance, recognizes common law marriages
but calls it an “informal marriage”. Under Texas law an
informal marriage is established if the couple: 1.) agrees
to be married, 2.) represents to the community that they
are “married” (for instance refers to each other as “my
husband or wife”, and 3.) cohabits – legal word for “living
together – as husband and wife. In Texas the couple must
also execute a declaration of informal marriage which be
signed on a form prescribed by the Texas Bureau of Vital
Statistics and provided by clerk of the county where the
couple resides.
Issue Two:
What’s the Big Deal about being married?
The next question often heard from Diver Dan and Betty
Sue is: “we love each other and we think ourselves as
married, what the heck difference does it matter whether
the state or anyone else views us as “married”? A legally
recognized marriage may have profound unanticipated
consequences for a couple who believe they are a
“married” couple.
For instance, under the Jones Act only individuals
recognized under the Act as a “personal representative”
of the deceased seaman can present a claim for
damages. There is an exclusive order of preference, a
pecking order so to speak, as to who can and who cannot
bring the claim.
Under this order frst in line is the “widow and surviving
children”. Next in line are the parents, and last is a
dependent next of kin. If Diver Dan dies offshore and the
couple lived together in state which doesn’t recognize
“common law or informal marriages”, only Diver Dan’s
parents (or surviving dependent next of kin) can fle the
lawsuit, not Betty Sue.
Another example is if Diver Dan and Betty Sue decide to
end their relationship. If the couple resides in a common
law state which also recognizes community property
regimes, when the couple splits up the community
property must be divided ffty-ffty, unless there was a
prenuptial contract. Lastly, it is important to closely review
all insurance policies, especially life insurance policies.
Oftentimes a benefciary may be generally defned as
the “spouse”. The determination of who qualifes as the
“spouse” may be governed by where one lives.
Issue Three:
How does someone get a divorce?
In order to formally end a relationship defned as a
marriage, the couple, or either of the spouses, must get a
“Judgment of Divorce”. Once again, while each state has
its own “grounds for divorce”, there exists commonality
between states in just what constitutes legal reasons to
end a marriage.
After identifying the recognized grounds for divorce the
couple or individual seeking the divorce must institute
legal proceedings to get the matter before the proper
legal authority within each state. While there are specifc
procedures for each state the bottom line is that each
spouse must be afforded due process in the proceeding.
Under the due process mandates of the United States
Constitution each party shall be given notice (usually
through service of process or waiver of service of
process) and an opportunity to be heard. Lastly, there
must exist a formal hearing or method for the matter
to “come before” the court or administrator overseeing
the process. There are 50 procedures, one for each
state, governing the method to fnalize a divorce. Each
procedure, however, must allow the opportunity for each
to frst of all know the process has commenced and
second allow an opportunity for each side to be heard.
Bottom line here, if someone is in the midst of getting
sued for divorce, they should receive notice that
paperwork is fled and have an opportunity to speak out
should they wish to contest the effort to end the marriage.
Issue four:
The Consequences of Divorce
There are three other matters which generate much angst,
anxiety and turmoil when it comes to domestic disputes:
child support, alimony and community property settlements.
A parent can no longer get away with not supporting
their child. Each state has specifc guidelines under civil
as well as criminal law which govern how much a parent
is obligated to pay to help support the child, and the
consequences for failing to live up to those obligations.
Some states restrict a person from securing privileges
such as obtaining a driver, hunting/fshing or professional
license if the parent is behind on support payments.
Ignoring a notice of a child support hearing or defying a
court order may have signifcant consequences, such as
revocation of licenses or time in jail.
With the onset of the equal rights came the end of blanket
alimony. Alimony, also known as spousal support or
maintenance, is allowed on a state-by-state basis. There
are customarily two types of alimony, “temporary and
permanent support”. The award of alimony is customarily
ordered when it shown that a spouse is “in necessitous
circumstances”. Such a condition arises when the
spouse cannot provide their self with a life style they have
become accustomed. The spouse asking for support
must also be “free from fault” (not guilty for the grounds
of divorce – such as adultery). The alimony is due while
the divorce is pending and may become permanent if the
continuing “need” exists. Permanent alimony often ends
when the spouse receiving it remarries, dies or cohabits
(“lives with) another person.
Property issues are complicated from the legal, as
well as accounting perspective. In those states which
recognize community property any property acquired
through the labor of either spouse (earnings, bonuses,
proft-sharing plans, to name just a few sources) during a
marriage is divided equally (50-50) between the partners.
States recognizing community property are Arizona,
California, Idaho, Louisiana, Nevada, New Mexico, Texas,
Washington and Wisconsin.
Each state has different rules concerning the formation and
dissolution of property and it is imperative to fnd out about
the specifcs of each state and follow the mandates closely.
