The Laws of Divorce and Marriage

Family Law Issues Seen in Television and Movies are Rarely Accurate

Nov 26, 2007 Leah Lerman

Legal issues and laws of marriage, custody and divorce as portrayed in television shows and big screen movies are incorrect and should not be used as any legal basis.

Laws as Portrayed on the Screen

Nothing is more frustrating to a lawyer than watching a legally incorrect divorce drama unfold on the silver screen. On the other hand, perhaps nothing frustrates a movie or television producer more than having to stick to accurate legal situations. The truth is, reality divorce is dramatic enough.

Many viewers assume that what they see on television or in a movie is accurate, as all studios, networks and writers are surrounded by lawyers—surely one of those lawyers would point out a legal faux pas? But as is the case, few scenes concerning marriage, divorce or child custody come close to being right.

Recall the scene from Waiting to Exhale in which Angela Basset’s character bitterly states that her husband placed all the property in his name only, and her lawyer agrees that they are in for a struggle. Consider Julianne Moore and Pierce Brosnan, two attorneys in Laws of Attraction who, after awakening from a memory-erasing drunken stupor in a foreign country, actually believe they are legally wed because they have rings on their fingers. And of course the countless gold-diggers like ABC’s Wilhelmina Slater of Ugly Betty who think as soon as the words “I do,” leave their fiancés’ lips, half his billion-dollar empire is theirs.

The Actual Laws of Marriage and Divorce

The laws controlling valid marriages are fairly simple and relatively similar across all state lines: both parties must be legally competent to enter into a marriage. States require a marriage certificate be signed, and some form of ceremonialization—an act of solemnization where both parties have a moment to consider the gravity of their decision—usually the wedding. Where one or both of the parties are drunk or otherwise mentally incapacitated, no legal marriage has occurred.

The laws of divorce depend on whether the state is a community property state or a common law property state. The community property states include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. The remaining states are common law property states. In community property states, any property either spouse holds belongs to them jointly. Thus when they divorce, the community property must be split evenly. This is where the popular Hollywood theory that marriage instantly means owning half of your spouse’s property comes from. But this is only true for a few states, and even then, there are many other factors to consider. How long a marriage has endured is an important factor, as is the educational and career status of the spouses. Thus, the ultra chic and suave Wilhelmina Slater would hardly walk away with a fortune considering her own accomplishments, not to mention she would have been married in New York, a common law property state.

Even though a viewer may believe that Hollywood writers residing in California who are duly influenced by community property law would at least get divorce in those states right, the truth is that the legal situations are wrong, probably for dramatic effect. Angela Basset’s Bernadine lives in Arizona, and thus the property her husband owns, whether in his name only or jointly, is irrelevant. All property belongs to the community. In fact, whether a certain piece of property is in one spouse’s name or both no longer matters in common law property states, as the legal trend for many decades has been for judges to divide the marital estate in terms of equity. Today, judges are bound to do what is fair, and must weigh many factors to determine who really deserves what.

The lesson is: learn your family law from a licensed and practicing attorney in your state, and not from your favorite television show.

The copyright of the article The Laws of Divorce and Marriage in Law, Crime & Justice is owned by Leah Lerman. Permission to republish The Laws of Divorce and Marriage in print or online must be granted by the author in writing.

Hollywood Divorce