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Gay Couples in Common Law Marriage States: Call Your Lawyer
Legal Insurrection ^ | September 30, 2015 | Sarah Rumpf

Posted on 09/30/2015 7:39:35 AM PDT by Zakeet

A wedding is not just two people exchanging rings; it is an entanglement of their personal, legal, and business affairs. For better or for worse, marriage affects a broad and substantial list of rights involving inheritance, property, child custody, and more. Now that gay marriage is legal in all fifty states, both the people involved in gay relationships and the legislators drafting the laws that govern all these rights need to carefully analyze the issues presented.

As it turns out, those who cheered the decision [legalizing homosexual marriage] may have their own reasons to worry. The Law of Unintended Consequences plays no favorites, and the Obergefell decision may create headaches for gay couples, especially in common-law marriage states.

[Snip]

Common-law marriage functions to create the legal relationship of marriage even though the two spouses have not completed the formal procedures to register their marriage with the government.

While the law differs from state to state, generally the requirements are that the couple are both legally able to marry (they both freely consent, are not already married to other people, are of sound mind, and are of legal age or have their parents’ consent), and they hold themselves out to the public as husband and wife. Some jurisdictions require the common-law spouses to be cohabiting, or to cohabit for a certain period of time, in order for them to be considered common-law married. Other states require children, either by birth or adoption.

Currently, common-law marriages are expressly allowed in Alabama, Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia. New Hampshire recognizes common-law marriages for probate purposes only, and Oklahoma, Utah, and some Native American tribes offer additional limited recognition. ...

(Excerpt) Read more at legalinsurrection.com ...


TOPICS: Culture/Society; News/Current Events
KEYWORDS: absolutemorals; commonlaw; divorce; gaymarriage; homosexualagenda; marriage; moralabsolutes; ssm
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... it seemed like such a good idea at the time ...

Other subheadings in the article:


1 posted on 09/30/2015 7:39:35 AM PDT by Zakeet
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To: Zakeet
Gay Divorce: Who gets possession of the prolapse rectum? Bonus: Both!
2 posted on 09/30/2015 7:45:53 AM PDT by Jim from C-Town (The government is rarely benevolent, often malevolent and never benign!)
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To: Zakeet

Wait until the common law gay marriage arguments show up to interfere with settled estates.


3 posted on 09/30/2015 7:47:10 AM PDT by tbw2
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To: Zakeet

LOL! The GAYstapo had such great intentions. They only wanted to use Obergefell as a tool to bludgeon traditional Christians and other opponents into submission.


4 posted on 09/30/2015 7:48:01 AM PDT by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: Zakeet
Sodomites will claim that the same rules don't apply to them, as usual. Watch and see.

Amazingly, they'll inevitably use the issue that they harped on, children, to push for their perverted definition to now disclaim the reason: "We can't naturally have children and so the issues surrounding custody don't apply."

5 posted on 09/30/2015 7:51:31 AM PDT by fwdude (The last time the GOP ran an "extremist," Reagan won 44 states.)
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To: tbw2
I'm betting these gays aren't in a hurry to give away their assets to the first legal boink that comes along.

I wonder what arrangements Ellen and Rosie and Elton have made....since marriage does not automatically deem assets as "ours".

You need a lawyer and a contract...and then there are no guarantees. Judges have discretion.

6 posted on 09/30/2015 7:54:53 AM PDT by Sacajaweau
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To: fwdude

They have to go through some legal adoption procedure. Caring for children or saying “he’s mine” is not ownership.


7 posted on 09/30/2015 7:56:39 AM PDT by Sacajaweau
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To: Vigilanteman

Take care in what you wish for. Your wish may be granted.

And waking up to discover that a nasty and painful set of bite marks are now to be found on your gluteus maximus.

Pretty hard to get those worms back into the can.


8 posted on 09/30/2015 7:58:17 AM PDT by alloysteel (If Stupidity got us into this mess, then why can't it get us out? - Will Rogers.)
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To: Sacajaweau
They have to go through some legal adoption procedure. Caring for children or saying “he’s mine” is not ownership.

That wasn't the case with Lisa Miller and her dyke 'lover' Jenkins, though. They only entered a "domestic partnership" in Vermont, and yet, the child that Lisa birthed with an anonymous donor was deemed Jenkins' child also by proximity. So much so that Jenkins successfully claimed the right to visitation, and then sole custody.

9 posted on 09/30/2015 7:59:56 AM PDT by fwdude (The last time the GOP ran an "extremist," Reagan won 44 states.)
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To: Sacajaweau

Look up the CASE LAW and you will find you are WRONG, if you “HOLD” that a child is yours, even though not biologically related or by any other means, the COURTS in any and ALL CUSTODY CASES will make it so and you will PAY FOR SUPPORT.

I found this out during my own custody hearing 20 years ago when the court granted me Custody of my ex’s Son, as well as my daughter.


10 posted on 09/30/2015 8:06:36 AM PDT by eyeamok
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To: Zakeet

Typically, a lot of homos are wealthy. Imagine then, their surprise when one day their current ‘houseboy’ walks in with a lawyer claiming half of everything he owns........................


11 posted on 09/30/2015 8:07:50 AM PDT by Red Badger (READ MY LIPS: NO MORE BUSHES!...............)
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To: Sacajaweau

“since marriage does not automatically deem assets as “ours”.”

In some states it does just that.


12 posted on 09/30/2015 8:09:36 AM PDT by TalonDJ
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To: Zakeet

The first couple married in America are all ready divorced. They just have to figure out who’s the woman and then screw the other queer.


13 posted on 09/30/2015 8:22:23 AM PDT by longfellow (Bill Maher, the 21st hijacker.)
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To: Jim from C-Town

Saw a political cartoon years ago.

1st panel, two guys at a bar, 1st guy, “I think they should allow gays to marry....”

2nd panel, 2nd guy, eyes wide, “that’s pretty open minded coming from a conservative...”

3rd panel “divorce lawyer like yourself.”


14 posted on 09/30/2015 8:23:41 AM PDT by ziravan (Buck the Establishment.)
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To: alloysteel

Ooooh! - I’m eating a bowl of Ramen noodles, so mentioning WORMS is yukky! (Sigh) I didn’t put in the whole seasoning pack; too much salt! - A moot point now; but I think you meant well.


15 posted on 09/30/2015 8:35:16 AM PDT by Twinkie (John 3:16)
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To: longfellow

Yes, Goodrich’s fake “marriage” didn’t even make it two years.


16 posted on 09/30/2015 8:57:02 AM PDT by fwdude (The last time the GOP ran an "extremist," Reagan won 44 states.)
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To: Zakeet

Ah, the continued fiction that courts pass laws. Guys calling themselves married can only be legislated.


17 posted on 09/30/2015 9:14:56 AM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: Zakeet
Many years ago, there was a movie musical called The Gay Divorcee. Of course, gay had a somewhat different meaning then, but the possibilities here are numerous.
18 posted on 09/30/2015 9:46:00 AM PDT by TBP (Obama lies, Granny dies.)
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To: Zakeet
generally the requirements are that the couple are both legally able to marry (they both freely consent, are not already married to other people, are of sound mind, and are of legal age>

I think I see the loophole here.

19 posted on 09/30/2015 10:33:14 AM PDT by nitzy (I don't vote for Republican'ts)
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To: Zakeet
While the law differs from state to state, generally the requirements are that the couple are both legally able to marry (they both freely consent, are not already married to other people, are of sound mind, and are of legal age or have their parents’ consent)...

Who says all these restrictions exist? Used to be that men couldn't marry men but that was deemed unfair. So what if three people want to get married, if they all consent who is to say it's not permissible under the current Supreme Court logic of "go with the zeitgiest and let legal precedent be damned!"?

It's all just one unelected judge away from being the law of the land, permanently and irrevocably.

20 posted on 09/30/2015 10:46:19 AM PDT by pepsi_junkie (The only fiscally sound thing dems ever did: create a state run media they don't have to pay for)
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