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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.
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.
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.
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.
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.
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...
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.
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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