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Old 02-10-2015, 06:55 AM
 
Location: somewhere in the woods
16,885 posts, read 12,997,657 times
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Quote:
Originally Posted by jacqueg View Post
And that's fine and dandy with me. But if you didn't get a marriage license from your local jurisdiction, you did not have all the rights and responsibilities that the license would have conferred.


according to the state you would be correct, but according to my church I still had those same responsibilities.
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Old 02-10-2015, 06:56 AM
Status: "It is the nature of grotesque things you canít look away" (set 29 days ago)
 
Location: Old Hippie Heaven
17,994 posts, read 8,124,038 times
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Quote:
Originally Posted by Frank DeForrest View Post
Thats right, no you didnt need a license.
A deed is proof of ownership, a license is a permission slip. You are conflating the two.
No, I'm not. In either case, if I want the government to protect my interests, I am required to meet certain criteria, and have the government officially recognize the contract.
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Old 02-10-2015, 07:02 AM
Status: "It is the nature of grotesque things you canít look away" (set 29 days ago)
 
Location: Old Hippie Heaven
17,994 posts, read 8,124,038 times
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Quote:
Originally Posted by monkeywrenching View Post
according to the state you would be correct, but according to my church I still had those same responsibilities.
Again, fine and dandy with me. But if a problem had arisen, with, say, property ownership, debt responsibility, medical care, or parental rights, and you found yourself in court, the outcome would not necessarily have recognized your rights as a party in a common-law marriage in the same way that it would recognize your rights in a legal marriage.

BTW, states are increasingly no longer recognizing common-law marriages.
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Old 02-10-2015, 07:04 AM
 
Location: somewhere in the woods
16,885 posts, read 12,997,657 times
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Quote:
Originally Posted by jacqueg View Post
Again, fine and dandy with me. But if a problem had arisen, with, say, property ownership, debt responsibility, medical care, or parental rights, and you found yourself in court, the outcomes would not necessarily have recognized your rights as a common-law marriage in the same way they would recognize your rights in a legal marriage.

BTW, states are increasingly no longer recognizing common-law marriages.

our marriage was not a common law marriage. common law is just a large amount of time spent living with each other as husband and wife.

when we seperated, we just went through an attorney and the court gave their ok.
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Old 02-10-2015, 07:09 AM
bUU
 
Location: Georgia
11,908 posts, read 8,622,386 times
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Quote:
Originally Posted by monkeywrenching View Post
please do not say that. after all, it was democrats that pushed no interracial marriages between whites and blacks for so long.
Not today's Democrats. Every educated person in the country knows that the nation's bigots effectively switched political parties after a Democratic president pushed through civil rights legislation.
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Old 02-10-2015, 07:11 AM
 
Location: DC
6,509 posts, read 6,429,279 times
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The government is involved in marriage, because the government is involved in divorce.
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Old 02-10-2015, 07:14 AM
 
Location: Middle of nowhere
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Quote:
Originally Posted by monkeywrenching View Post
strange, my last marriage was recognized by my church but was not recognized by the government. even tho according to my churches laws I was married.
And legally you were not considered married, unless you live in a common law state and met the requirements for common law marriage.
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Old 02-10-2015, 07:15 AM
Status: "It is the nature of grotesque things you canít look away" (set 29 days ago)
 
Location: Old Hippie Heaven
17,994 posts, read 8,124,038 times
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Quote:
Originally Posted by monkeywrenching View Post
our marriage was not a common law marriage. common law is just a large amount of time spent living with each other as husband and wife.

when we seperated, we just went through an attorney and the court gave their ok.
Legally, common-law is exactly what you had - a marriage w/out a government marriage license, but with the intent of both parties to live as spouses. So yes, most states will honor the parties' intent.

Sounds as if you and your ex were largely in agreement about what should happen upon divorce, and there were no third parties who objected. I'm happy that's the case. But suppose you had a child, and your partner's parents did not like you, and wanted custody of that child...
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Old 02-10-2015, 07:18 AM
 
Location: somewhere in the woods
16,885 posts, read 12,997,657 times
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Quote:
Originally Posted by jacqueg View Post
Legally, common-law is exactly what you had - a marriage w/out a government marriage license, but with the intent of both parties to live as spouses. So yes, most states will honor the parties' intent.

Sounds as if you and your ex were largely in agreement about what should happen upon divorce, and there were no third parties who objected. I'm happy that's the case. But suppose you had a child, and your partner's parents did not like you, and wanted custody of that child...

we had 2 children together. she did not want custody of the children, and I did not want her to pay child support.

In Wisconsin where our separation happened, the grandparents have no rights at all to the children if one of the 2 parents are alive.
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Old 02-10-2015, 07:22 AM
 
Location: Prepperland
13,702 posts, read 9,797,871 times
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To answer the original post, this may help:
COMMON LAW MARRIAGE - One not solemnized in the ordinary way (i.e. ceremonial) but created by an agreement to marry, followed by cohabitation. A consummated agreement to marry between persons legally capable of making marriage contract, per verba de praesenti, followed by cohabitation...
- - - Black's Law Dictionary, Sixth Edition, P.277
. . .
Those who are LEGALLY CAPABLE of making a common law contract do not need license (government permission).

Can you guess what makes Americans legally INCAPABLE of contracting a common law marriage?
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