Common Law Marriage

[Deacon]

Jerome, you made a good case that common law marriage is a type of marriage, but is it a reputable form of marriage?

Most people consider common law marriage to be less than reputable and ambiguous, capable of being understood in many different ways.

Rob

 

[Reynolds]

Common Law Marriage in Georgia

Common law marriage is a marriage recognized in some states even when there has been no official ceremony performed or civil contract entered into.

mtlawoffice.com

"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."

I dealt with it for many years. 7 years was the number the courts recognized. Either party could claim common law marriage after 7 years and courts upheld it and required divorce proceedings.

 

[canadyjd]

Not in eyes of God. God did not say shack up for two years and then you are fine.

Please show me from scripture where God says have a ceremony at a church and let a man pronounce you man and wife?

I’ll save you time, it isn’t there.

The testimony of scripture is a man and woman agree to be husband and wife and they are.

That is not fornication.

Peace to you

 

[canadyjd]

All the rules put in place by men are simply for control, first by the Catholic Church and then by governments.

Peace to you

 

[Salty]

All the rules put in place by men are simply for control, first by the Catholic Church and then by governments.

Peace to you

So why did govt make rules - could it be - it the wife wanted to leave - and its common law - could be a she said he said. -- so she says she never agreed to a life long commitment only because she had no place to go --- HE says - but she did agree to live with me as my wife.....

 

[canadyjd]

So why did govt make rules - could it be - it the wife wanted to leave - and its common law - could be a she said he said. -- so she says she never agreed to a life long commitment only because she had no place to go --- HE says - but she did agree to live with me as my wife.....

Let’s focus on the question of the OP. Should a church recognize a common law marriage as valid for membership.

I want to base everything I believe on what scripture says. Scripture doesn’t say you need a marriage license. It doesn’t say you need approval from the local holy man in a church.

Peace to you

 

[canadyjd]

The Apostle Paul stated if you lay with a prostitute you become “one flesh” with her. That is, of course, straight from the first marriage of Adam and Eve.

That is God’s standard. A man and a woman has an intimate relationship, they are mated for life: one flesh.

Everyone complaining about common law marriage should ask themselves how they compare to God’s standard.

Can they honestly say the only person they have been intimate with, ever, is their wife. If they cannot make that statement, they might have a big ol log in their eye.

Peace to you

 

[Jerome]

Most people consider common law marriage to be less than reputable and ambiguous, capable of being understood in many different ways.

Common Law Marriage in Georgia

"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."

 

[Jerome]

Certainly, people's passing along inaccurate ideas like common law marriage results from seven years of fornicative cohabitation, tends to malign it ["less than reputable", in your words] or confuse people about it ["ambiguous, capable of being understood in many different ways", in your words.] Let's not encourage such ignorance.

 

[Jerome]

What Is Common Law Marriage?

Learn about common law marriage, its benefits and challenges, and the typical requirements to establish one. See if it’s right for you and protect your rights.

www.legalzoom.com

"States that recognize common law marriage typically require couples to satisfy some combination of the following conditions:

Cohabitation​

Cohabitation refers to living together as a family unit....there’s no specific minimum time that couples must live together to be considered married. Instead, the court assesses each case individually. Courts are more sympathetic to a couple’s claim to marriage the longer they’ve lived together, which is why it’s common to hear arbitrary numbers like seven or ten years to qualify. While there’s no defined time frame, it’s true that several years—if not decades—of cohabitation helps demonstrate the couple’s long-term intentions to marry.

Legal capacity to marry​

For a common law marriage to be valid, both partners must have the capacity to marry...Age...Mental capacity... [and] Neither partner can already be married to someone else. These requirements ensure that both partners are capable and free to enter into a common law marriage.

Intent​

Like a traditional marriage, each partner must have the desire to get married. Rather than merely living together as roommates or close friends, they need to mutually agree and want to create a marital relationship. Likewise, couples must act in a manner that indicates they consider themselves married.

Public declaration​

Couples who want to establish a common law marriage must present themselves as married to their social circle and community. This can involve using the same last name, introducing each other as husband and wife, and celebrating anniversaries or other significant dates together. It also helps to share financial responsibilities and benefits—such as opening joint bank accounts or naming each other as beneficiaries on insurance policies—to establish the practice of a marital relationship."

​

 

[Jerome]

https://www.ashmorelaw.com/faqs/...

"You do NOT need a marriage ceremony to be legally married in the State of Texas. However, you must comply with certain requirements by law to create a common law marriage. Those requirements are the following: 1. you agreed to be married; 2. lived together as spouses after the fact, and 3. you represented to third parties that you are married. In addition to the requirements listed above, you must comply with the legal requirements in Texas to enter into a marriage, such as: you cannot be legally married to anyone else at the time your current marriage was created, and you and your spouse must be over the age of 18 at the time your marriage is created. You do not need to live together with your partner for a specific amount of time or have children together to create a common law marriage."

 

[Salty]

So, lets add to the OP -
A couple come to your church and state we are in a common law marriage.
Do we confirm that info?
Suppose they were in a different State/commonwealth when they established a common law marriage.

If a couple who were married in the traditional manner, do we ask to see their marriage certificate.

Has anyone ever come across this situation, when a couple want to join their church?

 

[Deacon]

A long time ago a relative of my wife worked in Africa with the PeaceCorp. There, she met a young man and they were wed in a civil ceremony in a language they did not understand and given a written document in an obscure African dialect which served as proof of marriage.
No one in the family or in the US government, ever doubted their marriage.

If it’s common knowledge in the church that the couple has been married by common law, it probably deserves some attention shoukd church leadership is be considered.

 

[Judith]

In the past common law marriage had a place. In such cases where there was no Preacher or legal authority to do a proper ceremony it was fine but today that is not the case. Today common law marriages are nothing but a way to justify long term fornication. If it was up to me and a couple came to join the church that were claiming common law marriage, I would first want to hear their story as to why they are common law and not ceremonially married (properly married). Regardless of how they became common law married I would council them to go through a proper ceremony before accepting them as members. They could come and attend but no membership unless properly married.

The origins of common law marriage are uncertain, but it is believed to have originated in the colonial era of America, where legal systems mirrored those of England. In the absence of formal marriage ceremonies and licenses, couples often relied on mutual consent and public acknowledgment of their union. As communities developed, these informal marriages gained recognition. The first state in the United States to officially recognize common law marriage was Alabama in 1847.

Wikipedia
Common law marriage had its heyday in the late Nineteenth Century and has been abolished in all but nine states and the District of Columbia. Yet, common law marriage continues to play a role in American family law, even in states in which it was long ago eliminated.

 

[canadyjd]

In the past common law marriage had a place. In such cases where there was no Preacher or legal authority to do a proper ceremony it was fine but today that is not the case. Today common law marriages are nothing but a way to justify long term fornication. If it was up to me and a couple came to join the church that were claiming common law marriage, I would first want to hear their story as to why they are common law and not ceremonially married (properly married). Regardless of how they became common law married I would council them to go through a proper ceremony before accepting them as members. They could come and attend but no membership unless properly married.

The origins of common law marriage are uncertain, but it is believed to have originated in the colonial era of America, where legal systems mirrored those of England. In the absence of formal marriage ceremonies and licenses, couples often relied on mutual consent and public acknowledgment of their union. As communities developed, these informal marriages gained recognition. The first state in the United States to officially recognize common law marriage was Alabama in 1847.
Wikipedia
Common law marriage had its heyday in the late Nineteenth Century and has been abolished in all but nine states and the District of Columbia. Yet, common law marriage continues to play a role in American family law, even in states in which it was long ago eliminated.

Please provide all the scripture to support the idea of a couple being “properly married” with a “proper ceremony”. I’ll save you time, there is none.

Why are we even asking for proof of marriage? If they say they are married, where in scripture does it say the church must verify the marriage?

Peace to you

 

[JesusFan]

Yes.

If they were saved and agreed with our statement of beliefs

 

[Reynolds]

If they were saved and agreed with our statement of beliefs

What about a married homosexual couple?

 

[Salty]

Please provide all the scripture to support the idea of a couple being “properly married” with a “proper ceremony”. I’ll save you time, there is none.

Why are we even asking for proof of marriage? If they say they are married, where in scripture does it say the church must verify the marriage?

Peace to you

Some great discussions so far!
I dont want to get to far off OP, but to answer the question by candyjd -

When a person wants to join our church by transfer of letter - why do we want that letter?
is it to confirm they were members in good standing at their last church?

The way things are going in this day and age, maybe we should request a copy of the marriage license!

 

[Judith]

Certainly, people's passing along inaccurate ideas like common law marriage results from seven years of fornicative cohabitation, tends to malign it ["less than reputable", in your words] or confuse people about it ["ambiguous, capable of being understood in many different ways", in your words.] Let's not encourage such ignorance.

So let me ask you a question. Common law marriages require a set of standards to be accomplished before it is legally recognized. While and until those standards are fulfilled is the couple living in fornication?

 

[Judith]

What about a married homosexual couple?

Living in sin.