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Common Law Marriage

Deacon

Well-Known Member
Site Supporter
A common law marriage is legal in some States.
What is the spiritual state of the couple? That's a question that should be asked of anyone wanting to join the church.
Certainly not a candidate for being an elder... who 'must be above reproach.'

Rob
 

Jerome

Well-Known Member
Site Supporter
common law marriage is legal in some States.
And all other States recognize the legality of common law marriages that were contracted in those States!


"All U.S. jurisdictions recognize common-law marriages that were validly contracted in the originating jurisdiction"

"common-law marriage can...be contracted in Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Utah, Oklahoma and the District of Columbia. Once they meet the requirements of common-law marriage, couples in those true common-law marriages are considered legally married for all purposes and in all circumstances."
 

Jerome

Well-Known Member
Site Supporter
I actually do. Had to deal with it for many years in handling domestic disturbances. Thankfully Ga abolished it.
2,7,10, depends on state
Which States require 2 years cohabitation? [hint: none do]
Which States require 7 years cohabitation? [hint: none do]
Which States require 10 years cohabitation? [hint: none do]
 

Deacon

Well-Known Member
Site Supporter
My understanding is that Common Law Marriage is generally contracted after a period of living together without being formally married. Hence the concern about being above reproach.
However, in some instances a common law marriage may be the only option of marriage available. In the case of one seeking eldership, it may be important to discern.

I can appreciate Jerome’s position.
It might be like opening a can of worms…. best let sleeping dogs lie.

Rob
 

Jerome

Well-Known Member
Site Supporter
That's not how it works.


"Two people are common-law married through mutual agreement or consent to enter into the legal and social institution of marriage followed by conduct manifesting (i.e. showing or demonstrating) that mutual agreement. Another way to say this is that two people are common law married when they 1) agree to be married and then 2) both act like a married couple."

"a common law marriage may be established in one day and a long-term couple may never be common law married. A common law marriage is more than a committed partnership or long-term boyfriend/girlfriend. It is the intention to enter into a marital relationship—to share a life together as spouses in a committed, intimate relationship of mutual support and mutual obligation."
 

Jerome

Well-Known Member
Site Supporter
See also my post here from years ago:

"Contrary to popular belief, however, no state prescribes a minimum period of cohabitation to establish a common law marriage." - Ira Ellman, Family Law

"most people have very little understanding about what creates a Common Law Marriage. For example, many people ask us 'but don’t I have to live with my 'significant other' for at least seven years before we can have a common law marriage?' The answer is simply 'NO!' Colorado Law requires no minimum period of cohabitation for creation of a Common Law Marriage." - Weaver & Fitzhugh, Attorneys at Law

"People often think that if you live together for a set number of years you are common law married. This is not true. There is no set time you must live together to be considered husband and wife. In order for the court to recognize a common law marriage, you must consider yourselves married and hold yourselves out as husband and wife to others." -State of Rhode Island website
 

Reynolds

Well-Known Member
Site Supporter
That's not how it works.


"Two people are common-law married through mutual agreement or consent to enter into the legal and social institution of marriage followed by conduct manifesting (i.e. showing or demonstrating) that mutual agreement. Another way to say this is that two people are common law married when they 1) agree to be married and then 2) both act like a married couple."

"a common law marriage may be established in one day and a long-term couple may never be common law married. A common law marriage is more than a committed partnership or long-term boyfriend/girlfriend. It is the intention to enter into a marital relationship—to share a life together as spouses in a committed, intimate relationship of mutual support and mutual obligation."
At what point does God consider that a marriage?
 

Jerome

Well-Known Member
Site Supporter

"Georgia still recognizes any valid common law marriage entered into prior to January 1, 1997 and, thus, it is important to understand how a common law marriage can be established."

"There are three requirements for a valid common-law marriage in Georgia: (1) the parties must be able to contract; (2) there must be an actual contract; and (3) there must be consummation according to law (O.C.G.A. §19-3-1). These same requirements are applicable to ceremonial marriages"

"An actual contract is established in a common law marriage when the parties have a mutual agreement to be husband and wife and hold themselves out to the world as husband and wife. Consummation in a common law marriage is established by the continuous cohabitation of the parties. There is no required period of time that the parties have to live together, but the longer the cohabitation, the stronger the presumption that a common law marriage exists."
 
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