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Featured Common Law Marriage

Discussion in 'General Baptist Discussions' started by Salty, Oct 18, 2013.

  1. thisnumbersdisconnected

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    We don't. We believe there is a trust factor involved. Nonetheless, if it were to become known that the relationship is common law rather than a legal marriage as described in the state of Kansas statutes, our pastor will privately and unobtrusively suggest to the couple they "make it legal" both in the eyes of the state, and in the eyes of God. Kansas requirements are somewhat more lenient than elsewhere, as Aaron pointed out, but it also provides some stumbling blocks for the common-law spouse if their partner because incapacitated or dies. From a purely practical standpoint, the marriage ceremony makes sense. From a biblical prospective, it is absolutely necessary. God did, after all, create the marital relationship.
     
  2. Aaron

    Aaron Member
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    No one has cited a statute to support the multitude of unsubstantiated assumptions being made in this thread. What everyone thinks of when common law marriage is mentioned, is not common law marriage. Two can live together for 20 years. They are not married by common law without a ceremony of some kind.

    But mere cohabitation is not a requirement before a common law marriage is recognized. It is cohabitation as man and wife for a number of years (just one year in Kansas) before the state will officially sanction an unlicensed solemnization.

    Marriage predates civil government and is the grand law of human interaction. Civil government exists to protect marriage, not license it. Common law marriages in states that recognize common law marriages are real marriages and are recognized as such. There simply is no license, that is, permission by the state to marry is not obtained prior to the union.
     
    #22 Aaron, Oct 21, 2013
    Last edited by a moderator: Oct 21, 2013
  3. annsni

    annsni Well-Known Member
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    OK - Here is a scenerio. A couple move in together because they love each other. They don't plan to marry at this time. They live together for 2 years, begin to call each other husband and wife for convenience. 5 years down the road, they consider themselves married and say that they are married by common law. Yes, they most likely are according to the law - but their "marriage" was based on sin. If their desire from the day they move in together is to be married and so they immediately consider themselves husband and wife - are they on that first day according to the laws of the land? I don't believe so. Then again - their relationship is based in sin because they are not married.
     
  4. Deacon

    Deacon Well-Known Member
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    I see no reason why the church has to accept common-law marriage and follow the “legal” definition of marriage.
    Many states are beginning to legalize same s*x marriages. We wouldn't accept them for membership either.

    Rob
     
  5. saturneptune

    saturneptune New Member

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    Only eleven states recognize common law marriage. Kentucky is not one of them. I ceremony, civil or religious, is required, as is a license. Minimum age without consent is 18 and 16 with consent except in some cases of pregnancy.

    Kentucky does not recognize common law marriages from other states, exactly the same way same sex marriages are treated. I agree with Ann, if someone wants to start a family, why not get married. It can cost next to nothing, and does not require a marriage in a church with all its rules. Just get a license for twenty bucks, and get married. What is the big deal. If one is that lazy or noncommittal, then you have no business being married in the first place.

    Personally, I like the law in Kentucky the way as it is. One man and one woman, for life, with a solemnized ceremony. Keep common law and same sex marriages to the other freak of nature states. What is next, marry my parrot?
     
    #25 saturneptune, Oct 21, 2013
    Last edited by a moderator: Oct 21, 2013
  6. thisnumbersdisconnected

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    I'm trying very hard not to laugh out loud, but it's hard. No offense, S/N. Might want to review your post. At this point, you have about an hour and 50 minutes to fix it.
     
  7. saturneptune

    saturneptune New Member

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    I do owe you a debt of gratitude for that one, solemnized. I have no idea what I was thinking and thanks again
     
  8. thisnumbersdisconnected

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    No problem, S/N. We all do it. Would have been awful to have it preserved for posterity, no? At least until the thread got buried. :thumbsup: Glad to help.
     
  9. Aaron

    Aaron Member
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    You haven't described a common law marriage.
     
    #29 Aaron, Oct 21, 2013
    Last edited by a moderator: Oct 21, 2013
  10. thisnumbersdisconnected

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    Actually, she may have. I did some research into the Kansas law. If either of the couple even casually introduces the other as "my husband/wife" the year requirement is waived and they become husband and wife, if they seek recognition in a district court. On the other hand, that's pretty much a civil marriage, so the distinction is pretty fine.
     
  11. Aaron

    Aaron Member
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    You should have found the requirement for a public announcement of their intent to marry, including the time and place of ceremony.

    I think your research is incomplete.
     
  12. thisnumbersdisconnected

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    That would be their appearance by petition in district court to have the marriage officially recognized.
     
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