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Thread: Common Law Marriage and the Military

  1. Wah Its called life idiot
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    #1

    Common Law Marriage and the Military

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    Should the Military honor Common Law Marriages?

    Why or Why not?

    For those who do not know what Common law Marriages are:

    In a handful of states (listed below), heterosexual couples can become legally married without a license or ceremony. This type of marriage is called a common law marriage. Contrary to popular belief, a common law marriage is not created when two people simply live together for a certain number of years. In order to have a valid common law marriage, the couple must do all of the following:

    * live together for a significant period of time (not defined in any state)
    * hold themselves out as a married couple -- typically this means using the same last name, referring to the other as "my husband" or "my wife," and filing a joint tax return, and
    * intend to be married but no time frame.

    When a common law marriage exists, the spouses receive the same legal treatment given to formally married couples, including the requirement that they go through a legal divorce to end the marriage.



  2. Loving Life!
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    #2
    NO. I don't agree with common law marriage....

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  3. Wah Its called life idiot
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    #3
    but WHY ellen? Give details



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    #4
    I'm torn because I always said I don't think common law marriages should exist because if a couple wanted to be married, then they would do it ESPECIALLY in the military with all of our SO's going to war and being in a dangerous environment so often. BUT, when a washington redskins football player died, he was LIVING with his fiance' and they had a daughter, they daughter was two or so, so it was OBVIOUS the couple wanted to be married, they were engaged and everyone knew it. SO, I started thinking how it sucks to be that fiance' because she "IS" a wife, she has a child for this football player, and she was PLANNING a wedding, but he was killed! Now, she couldn't even plan this guy's funeral, and she's probably not going to get everything that's entitled to her because she wasn't his wife! SOOO, I'm torn!
  5. allahu alam
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    #5
    i don't believe in common law marriage. it's stupid.
    if you want to get married, get married. it IS possible to have a ceremony in your friends backyard with a minister / JOP and do it pot-luck style. all you have to pay for is the minister and dress.

    IMO, people who believe common-law marriages are as valid as a "real" marriage don't believe in the sanctity of marriage. but then again, who does anymore.

  6. i didn't realize that the USSR was back.
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    #6
    I don't because there is no across the board rules for it. It varies state to state. How can the military honor something that might not translate from one state to another?


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  7. MilitarySOS Jewel
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    #7
    I'm on the fence. I'm inclined to say that if the state recognise it then the military should too. On the other hand, it could so easy enable exploitation of the benefits offered by the military, depending on what the critera regarding a commonlaw marriage are.
  8. Senior Member
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    #8
    I think the issue is not about fiancee's because per the regulations the OP posted, a fiancee is not covered by the common law marriage because they wouldn't be refering to each other as husband and wife, and wouldn't be using the same last name. Do I think fiancee's should be extended the same benefits as spouses? Yes. But I think that would be a very difficult thing to regulate. I mean, who can prove that they're engaged? Equally, girl friends could say they were secretly engaged, etc. Maybe there could be something they register with the military that they are engaged to be married and assuming they did that, the fiancee would be treated as if she were a spouse. I think that would prevent some of the very fast weddings because the military guy is going deployed or whatever.

    regarding common law marriage - no I don't think it should be recognized. If you are calling each other husband and wife and using the same last name, you should just go to the JOP and get married legally. You don't have to have a religious wedding, it can be just a legal contract.
  9. Wah Its called life idiot
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    #9
    I'm really on the fence on this.
    I'll have to think more on this.



  10. Cookie Queen
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    #10
    No because it ends up getting too complicated. Not every state recognizes common law marriages, CA is one of those states. I think it starts getting too gray when say you live in [enter common law state here] but still claim being a permanent resident of CA. It becomes a "where to draw the line" kind of situation and leaves too many loopholes.
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