The War on the Boy Scouts

Montalban

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In the US only 11 states allow common law marriage, and one of them only after one party has died.

How do you marry someone dead?

Maybe the US just has that different a system

In this country a 'common law' marriage is one in which a man and woman live together as man and wife. After a year it is said to be a de facto marriage and the law recognises it as a marriage for all intents and purposes as a legal marriage (and one does not have to get a licence to have this legally recognised). So that after a year for the purposes of wills, divorce, custody of kids, joint property etc., it's a marriage.


This is as per...
"Common-law marriage (or common law marriage), sometimes called informal marriage or marriage by habit and repute, is a form of interpersonal status which is legally recognized as a marriage even though no legally recognized marriage ceremony is performed or civil marriage contract is entered into. The term is often mistakenly understood to indicate an interpersonal relationship that is not recognized in law. In fact, a common law marriage is just as legally binding as a statutory or ceremonial marriage in some jurisdictions — it is just begun differently. In some jurisdictions without true common law marriages (e.g. Hungary), the term "common law marriage" is used as a synonym for non-marital relationships such as domestic partnership or reciprocal beneficiaries relationship."
http://en.wikipedia.org/wiki/Common_law_marriage

See also this section
 
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Maren

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How do you marry someone dead?

Maybe the US just has that different a system

In this country a 'common law' marriage is one in which a man and woman live together as man and wife. After a year it is said to be a de facto marriage and the law recognises it as a marriage for all intents and purposes as a legal marriage (and one does not have to get a licence to have this legally recognised). So that after a year for the purposes of wills, divorce, custody of kids, joint property etc., it's a marriage.


This is as per...
"Common-law marriage (or common law marriage), sometimes called informal marriage or marriage by habit and repute, is a form of interpersonal status which is legally recognized as a marriage even though no legally recognized marriage ceremony is performed or civil marriage contract is entered into. The term is often mistakenly understood to indicate an interpersonal relationship that is not recognized in law. In fact, a common law marriage is just as legally binding as a statutory or ceremonial marriage in some jurisdictions — it is just begun differently. In some jurisdictions without true common law marriages (e.g. Hungary), the term "common law marriage" is used as a synonym for non-marital relationships such as domestic partnership or reciprocal beneficiaries relationship."
http://en.wikipedia.org/wiki/Common_law_marriage

See also this section

Actually, as was previously pointed out, common law marriages in the United States don't really exist anymore. If you look at the Wikipedia entry, most of the 11 states that still have common law marriage on the books, it is still required to get a form from the government to be married. The one state that requires a death is solely for insurance purposes, so that if you have lived with a partner that you can collect social security and other death benefits.

Even in states that recognize common law marriage, employers typically will not give spousal benefits (such as medical benefits) to a common law spouse if you have not gotten a certificate stating you are married from the government.
 
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Montalban

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Actually, as was previously pointed out, common law marriages in the United States don't really exist anymore. If you look at the Wikipedia entry, most of the 11 states that still have common law marriage on the books, it is still required to get a form from the government to be married. The one state that requires a death is solely for insurance purposes, so that if you have lived with a partner that you can collect social security and other death benefits.
You must be reading a different article! :confused:
Even in states that recognize common law marriage, employers typically will not give spousal benefits (such as medical benefits) to a common law spouse if you have not gotten a certificate stating you are married from the government.

So, 'cause employers discriminate, and this might be against the law, the law doesn't exist? :scratch:
 
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Maren

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You must be reading a different article! :confused:


So, 'cause employers discriminate, and this might be against the law, the law doesn't exist? :scratch:

No, pointing out the laws in the few states that recognize common law marriage still require registering the marriage with the government to obtain benefits. Thus, common law marriages like you are defining do not really exist in the US.
 
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IzzyPop

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You must be reading a different article! :confused:
Nope. Most of the info I posted originally came from Wikipedia. I had a nice chuckle when you posted the page as a counter to what I had stated.


So, 'cause employers discriminate, and this might be against the law, the law doesn't exist? :scratch:
No. But it shows, once again, that separate but equal does not work. Here is another example. Vermont allows civil unions between same sex couples. Everything a marriage allows except for the name, right? Wrong. UPS almost went to court because they were stating that the federal law governing spousal insurance coverage specifically stated 'spouses', which means marriage, not civil unions. The only reason it did not ht the courts was the outcry from the shipping public that promised they would take their business to FedEx.
 
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