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  #1  
Old 12-14-2007, 02:36 PM
Kevin Kevin is offline
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Quote:
Originally Posted by Drolefille View Post
Indeed but from here Wiki
Intent to be married, considering each other husband and wife, mutual agreement to the marriage, and/or representing yourself as husband and wife to others are in every set of standards.

So you do have to intend to be married/to show you're married in each state.
Wikipedia is a bad place to be doing legal research -- just FYI

Also, burden of proof is something I don't think Wiki talks about. It probably varies from state to state as well. This is no small matter because the difference between "by a preponderance of the evidence" and "by clear and convincing evidence" is vast. In Oklahoma, it is the later. I'm not sure what it is anywhere else. Also, keep in mind that none of those factors is individually dispositive. While you might have some proof to all of them, you still may fail to meet your evidentiary burden.

To date, I've helped prepare three common law marriage cases. To date, I've never seen a common law marriage proved.

While things might be clear now, imagine how unclear things might become when there are hundreds of thousands of dollars in assets/debt to allocate. Memories become very hazy and can often lead parties to attempt to mislead the court at this point. You can begin to see how difficult it can be to prove the existence of all of these things by clear and convincing evidence.

-- but then, the burden might be different from state to state.
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Last edited by Kevin; 12-14-2007 at 02:46 PM.
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  #2  
Old 12-14-2007, 02:39 PM
AlphaFrog AlphaFrog is offline
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Quote:
Originally Posted by Kevin View Post
Wikipedia is a bad place to be doing legal research -- just FYI
I doubt she's going to be bringing a Wiki page to court with her, or drafting up a will using a Wiki guide.
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  #3  
Old 12-14-2007, 02:39 PM
DSTCHAOS DSTCHAOS is offline
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Quote:
Originally Posted by Kevin View Post
Wikipedia is a bad place to be doing legal research -- just FYI


And I can think of better sites to use for quick facts for the sake of discussion.
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  #4  
Old 12-14-2007, 02:40 PM
Drolefille Drolefille is offline
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Originally Posted by DSTCHAOS View Post


And I can think of better sites to use for quick facts for the sake of discussion.
Please share, I enjoy learning new resources. And I'm not being sarcastic here. You seem to enter conversations for the sake of making only meta comments, and I'd like to actually see what you're referring to if you have something better.
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  #5  
Old 12-14-2007, 02:42 PM
DSTCHAOS DSTCHAOS is offline
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Originally Posted by Drolefille View Post
You seem to enter conversations for the sake of making only meta comments.
Are you being sarcastic here or just attaching this too far up your ass?
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  #6  
Old 12-14-2007, 02:45 PM
Drolefille Drolefille is offline
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Originally Posted by DSTCHAOS View Post
Are you being sarcastic here or just attaching this too far up your ass?
Neither. You've jumped in several times saying what you don't like, not about the topic, but about the way the topic's being discussed. And I'm asking for your suggestions on what other sites are good resources since you don't like the ones being used. I'm not saying I'll use them, but I'm open to new ideas.
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  #7  
Old 12-14-2007, 03:48 PM
DSTCHAOS DSTCHAOS is offline
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Originally Posted by Drolefille View Post
You've jumped in several times saying what you don't like, not about the topic, but about the way the topic's being discussed.
Surely you haven't been reading this thread.
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Deele "Two Occasions" http://www.youtube.com/watch?v=ZUvaB...eature=related
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  #8  
Old 12-14-2007, 02:45 PM
AlphaFrog AlphaFrog is offline
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For the sake of my own entertainment...

Quote:
Originally Posted by Drolefille View Post
And I'm not being sarcastic here.
Quote:
Originally Posted by DSTCHAOS View Post
Are you being sarcastic here?




Quote:
Originally Posted by Drolefille View Post
And I'm not being sarcastic here.
Quote:
Originally Posted by DSTCHAOS View Post
Are you being sarcastic here?




Quote:
Originally Posted by Drolefille View Post
And I'm not being sarcastic here.
Quote:
Originally Posted by DSTCHAOS View Post
Are you being sarcastic here?
Carry on.
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  #9  
Old 12-14-2007, 03:56 PM
DSTCHAOS DSTCHAOS is offline
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Originally Posted by AlphaFrog View Post
Carry on.
Too silly.
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Pebbles and Babyface http://www.youtube.com/watch?v=Kl-paDdmVMU
Deele "Two Occasions" http://www.youtube.com/watch?v=ZUvaB...eature=related
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  #10  
Old 12-14-2007, 04:30 PM
Glitter650 Glitter650 is offline
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Quote:
Originally Posted by SECdomination View Post
Same here.
I'm opposed to it, no matter the circumstances. I think the problem is that living together is really closely associated with premarital sex. In the minds of us conservatives, anyway...

And you can't have sex living apart ?


I live with my fiance, and it's been good, and has actually made my life a million times easier, not having to figure out how to make time to get over there, and get stuff done around my place etc.
It hasnt' taught me anything I didn't know about him, but it's helped us get started in establishing our routines and patterns. I would never consider living with someone with out the commitment of engagment however, that committment level was something I needed in order to make that leap.
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  #11  
Old 12-15-2007, 02:12 AM
PrettyBoy PrettyBoy is offline
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Quote:
Originally Posted by SECdomination View Post
Same here.
I'm opposed to it, no matter the circumstances. I think the problem is that living together is really closely associated with premarital sex. In the minds of us conservatives, anyway...
I think I should have posted that in a different way.
Living together? We agree on.
Premarital sex? Mistakes happen sometimes.
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  #12  
Old 12-14-2007, 02:39 PM
Drolefille Drolefille is offline
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Quote:
Originally Posted by Kevin View Post
Wikipedia is a bad place to be doing legal research -- just FYI
Lol, hence why I'm not a lawyer. Seriously it was just a comment, I'm not emotionally invested in the rules behind common law marriage and I'm not going to findlaw.com to look up the rules for each state.
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