[Brad C.]

I think the "common law" element comes into play when the two parties decide that the living arrangements are no longer workable, and seek the protections provided to legal spouses under the same duress. I would suspect that most parties citing the common law have not been married by the state or church.

I know when I got married by a preacher who is a very good friend of mine, we still had to have a witness sign the license, and a copy of it is on file at the local court house.

BTW, I would hope you did not take any offense, as none was intended.

[xzins]

No offense taken. In fact, I didn't recognize anything to be offended about.

Common law is a law that predates written law if I understand correctly. In its application to marriage, it is used for legal purposes other than just divorce.

I have no problem with folks getting a license. However, if two senior citizens, for example, cannot marry because of weird tax provisions that would strip them of their income, I would certainly counsel them to be married rather than to simply live together. I just wouldn't counsel them to get a marriage license.

They are just as married by God without it.

[RnMomof7]

Common law is a hang over from British law..NYS is right now NOT a common law state..they like to be the sole regulator:>)