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Business Partners & Marital Partners, Will the Marriage Survive? (Part I)
With today's economy, and the layoffs occurring as a result of these economic conditions, more and more people are opting to start their own business. Due to the low start up costs, the prevalence of home-based businesses is on the rise,...
Considering Success in Marriage
Your success in marriage depends largely upon having sound and constructive attitudes toward love. For Americans, this can be difficult. Especially because of the fictions we’ve been taught since childhood, which are supported by movies and other...
Fun Dating Ideas to Spice Up Your Marriage
One of the best benefits of marriage is that you have a permanent dating partner. Don't let the fun end after the honeymoon. Here are some ideas for fun dates.
1. Spend an afternoon at the opera. These aren't as expensive as you might think....
The Most Important Things In Marriage
When it comes to marriage, there are things that you are responsible for doing that are so important to the marriage’s success. But, we could list an endless list of these things. Instead, though, let’s talk about those things that are most...
THE TALKING STICK--A man's promise to give undivided attention!
PUBLISHING GUIDELINES: You have permission to publish this article electronically, free of charge, as long as the bylines are included. All text and bylines must remain unedited. Web site references must be properly hyper-linked to the web...
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The legal fiction of common-law marriage
During a radio-talk show appearance, a caller told me about his unfortunate brush with the legal fiction of common-law marriage. He had been living with a woman for several weeks when he came home one evening to find the woman, his TV and assorted other property missing. He called the police, who mistakenly informed him that the woman was his common-law wife and so they couldn’t help him.
What qualifies as a common-law marriage? Take your pick:
1. Leaving too many clothes at your girlfriend’s house?
2. Living together six months
3. Living together seven years?
Chances are you picked the third answer, but all three response are equally wrong. A common misconception is that the length of cohabitation creates common-law status. This is not true.
Three elements are necessary and none relate to a time-frame. A couple must
1. Live together
2. Agree between themselves to be marriage
3. Represent themselves as married (also called “holding-out.”)
The agreement in the second element does not have to be written; it can be implied by the behavior of the parties. Signing leases as husband and wife or filing joint income tax returns are examples of the proof
used to imply a common-law marriage.
In the example above, the police, as are most people, were woefully misinformed.
Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah and D.C. recognize common-law marriages. Ohio repealed its recognition in 1992. Pennsylvania has just now abolished it. Other states may recognize an informal marriage if it was originally contracted within one of these states.
In the past, common-law marriage was often seen on the lower socio-economic rungs of the ladder. However, celebrities often make the news with claims by their live-ins of this status.
If you are concerned about your own status, contact an attorney in your state for more information.
About the Author
Johnette Duff is a Matrimonial Attorney licensed to practice in the state of Texas. Ms. Duff is the author of “The Spousal Equivalent Handbook”: a legal and financial guide to living together, “The Marriage Handbook”: a legal and financial guide to your spousal rights, and “Love After 50”: the complete legal and financial guide. She has helped thousands of individuals build successful relationships.
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| Marriage - Wikipedia, the free encyclopedia |
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| en.wikipedia.org |
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| Marriage Builders ® - Successful Marriage Advice |
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| www.marriagebuilders.com |
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| Marriage -- THE starting place for exploring marriage |
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| marriage.about.com |
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| Smart Marriages |
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| University of the Family - Marriage Ministries International |
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| www.marriage.org |
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| USC-MSA Compendium of Muslim Texts |
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| National Marriage Project Home Page |
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| marriage.rutgers.edu |
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| Alternatives to Marriage Project |
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| www.unmarried.org |
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| Marriage Equality USA (index.shtml) |
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| www.marriageequality.org |
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| President Calls for Constitutional Amendment Protecting Marriage |
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| American Association for Marriage and Family Therapy |
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