Also known as: marital statuses · civil status
Written by attorneys · grounded in primary & secondary sources — see below
A legal classification of a person's relationship to marriage, encompassing states such as single, married, divorced, or widowed.
During a custody hearing, Judge Harlan refers to petitioner Maya Malik as an unmarried mother whose lifestyle choices undermine her fitness. Defense counsel objects that the remark reflects bias. The judicial conduct commission later disciplines the judge for manifesting prejudice based on marital status in the performance of judicial duties.
Partner at a firm tells prospective client Musa Mensah that the firm will not represent divorced individuals in employment disputes because such clients create credibility problems with juries. Mensah files a grievance. The disciplinary board finds the refusal constitutes discrimination on the basis of marital status in conduct related to the practice of law.
Select any source to read its text and confirm it supports the definition.
After Miguel Mendoza dies intestate, his biological son born outside marriage petitions for a share of the estate alongside Mendoza's children from his marriage. The probate court applies the equal-treatment rule and awards the son the same intestate share, holding that parent-child relationships extend equally regardless of the parent's marital status at the time of the child's birth.
State law prohibits pharmacists from distributing contraceptives to unmarried adults. Michelle Murphy, a single woman, challenges the statute after being denied a prescription. The court invalidates the restriction, holding that the constitutional right of privacy in reproductive decisions extends to single as well as married adults and cannot be limited by marital status.
During cross-examination, opposing counsel repeatedly questions witness Melissa Mills about her recent divorce and implies she is unstable because of it. The presiding judge interrupts and orders counsel to cease, citing the duty to prevent harassment based on marital status against witnesses in proceedings before the court.
After a court grants a divorce on grounds of incompatibility, one spouse attempts to claim ongoing marital rights in a subsequent property dispute. The court holds that the decree extinguished the marital status, confirming that dissolution of the civil marriage contract is governed by statute and ends the legal classification of the parties as married.
A parent-child relationship extends equally to every child and parent regardless of the marital status of the parent. This rule eliminates distinctions that once disadvantaged children born outside marriage and ensures uniform treatment in intestate succession.
The constitutional right of privacy in reproductive decisions extends to single as well as married adults. Therefore a state may not prohibit the distribution of contraceptives to single or married adults, and access cannot be limited based on marital status.
A judge shall not manifest bias or prejudice based on marital status in the performance of judicial duties and shall not permit court staff or others under the judge's direction to do so. Judges must also require lawyers appearing before them to refrain from such harassment.
Lawyers may not engage in conduct they know or reasonably should know constitutes discrimination on the basis of marital status in conduct related to the practice of law. Refusing representation solely on that ground violates the rule.
…over persons and property within its territory. As a consequence, every State has the power to determine for itself the civil status and capacities of its inhabitants; to prescribe the subjects upon which they may contract, the forms and solemnities with which their contracts shall be executed, the rights and obligations…