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12-14-2007, 02:36 PM
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Super Moderator
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Join Date: Feb 2002
Location: Oklahoma City, Oklahoma
Posts: 18,669
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Quote:
Originally Posted by Drolefille
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.
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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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12-14-2007, 02:39 PM
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GreekChat Member
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Join Date: Dec 2002
Location: The Ozdust Ballroom
Posts: 14,837
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Quote:
Originally Posted by Kevin
Wikipedia is a bad place to be doing legal research -- just FYI 
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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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Facile remedium est ubertati; sterilia nullo labore vincuntur.
I think pearls are lovely, especially when you need something to clutch. ~ AzTheta
The Real World Can't Hear You ~ GC Troll
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12-14-2007, 02:39 PM
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GreekChat Member
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Join Date: Mar 2005
Location: Down the street
Posts: 9,791
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Quote:
Originally Posted by Kevin
Wikipedia is a bad place to be doing legal research -- just FYI 
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And I can think of better sites to use for quick facts for the sake of discussion.
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12-14-2007, 02:40 PM
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GreekChat Member
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Join Date: Apr 2005
Posts: 13,593
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Quote:
Originally Posted by DSTCHAOS
And I can think of better sites to use for quick facts for the sake of discussion.
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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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12-14-2007, 02:42 PM
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GreekChat Member
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Join Date: Mar 2005
Location: Down the street
Posts: 9,791
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Quote:
Originally Posted by Drolefille
You seem to enter conversations for the sake of making only meta comments.
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Are you being sarcastic here or just attaching this too far up your ass?
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12-14-2007, 02:45 PM
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GreekChat Member
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Join Date: Apr 2005
Posts: 13,593
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Quote:
Originally Posted by DSTCHAOS
Are you being sarcastic here or just attaching this too far up your ass?
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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.
__________________
From the SigmaTo the K!
Polyamorous, Pansexual and Proud of it!
It Gets Better
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12-14-2007, 03:48 PM
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GreekChat Member
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Join Date: Mar 2005
Location: Down the street
Posts: 9,791
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Quote:
Originally Posted by Drolefille
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.
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Surely you haven't been reading this thread.
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12-14-2007, 02:45 PM
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GreekChat Member
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Join Date: Dec 2002
Location: The Ozdust Ballroom
Posts: 14,837
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For the sake of my own entertainment...
Quote:
Originally Posted by Drolefille
And I'm not being sarcastic here.
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Quote:
Originally Posted by DSTCHAOS
Are you being sarcastic here?
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Quote:
Originally Posted by Drolefille
And I'm not being sarcastic here.
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Quote:
Originally Posted by DSTCHAOS
Are you being sarcastic here?
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Quote:
Originally Posted by Drolefille
And I'm not being sarcastic here.
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Quote:
Originally Posted by DSTCHAOS
Are you being sarcastic here?
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Carry on.
__________________
Facile remedium est ubertati; sterilia nullo labore vincuntur.
I think pearls are lovely, especially when you need something to clutch. ~ AzTheta
The Real World Can't Hear You ~ GC Troll
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12-14-2007, 03:56 PM
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GreekChat Member
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Join Date: Mar 2005
Location: Down the street
Posts: 9,791
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Quote:
Originally Posted by AlphaFrog
Carry on.
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Too silly.
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12-14-2007, 04:30 PM
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GreekChat Member
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Join Date: Feb 2002
Location: In the wine and Wallow room
Posts: 2,063
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Quote:
Originally Posted by SECdomination
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...
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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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12-15-2007, 02:12 AM
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GreekChat Member
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Join Date: Oct 2006
Location: Twin Cities
Posts: 6,759
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Quote:
Originally Posted by SECdomination
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...
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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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12-14-2007, 02:39 PM
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GreekChat Member
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Join Date: Apr 2005
Posts: 13,593
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Quote:
Originally Posted by Kevin
Wikipedia is a bad place to be doing legal research -- just FYI 
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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.
__________________
From the SigmaTo the K!
Polyamorous, Pansexual and Proud of it!
It Gets Better
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