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Witts_end 10-04-2011 07:39 PM

Something to ponder
 
Ok I am pretty sure I know the answer BUT would be interested in hearing any and all opinions on this scenario.
Please remember this is hypothetical only as far as I know.

Ok lets say you have a sibling couple H/B, H/S they are in a happy GSA relationship they have decided to pick up and start all over together in a new town in a new state on the other side of the country lets say.
They live as husband and wife for all outside appearances and no questions asked as they have they same last name for maybe 15 or more yrs. OR exactly same scenario but with different last names either or case.
if they (couple) had always been treated by the community, church, local gov.
everyone, as a "common law" marriage couple.
If the state was a "common law" state would they be considered to be "common law" husband and wife ?

Or better yet they (couple) go to New Zealand or a country with a nation wide "common law" marriage set up.
Because they are foreigners no one would have a clue and if the last name were the same would there be questions ?

Im just curious as to the thoughts you might have on this.

Thanks for your opinions !

soconfused 10-04-2011 09:23 PM

Witts are you planning something I don't know about??? ;)

rollingrocker1972 10-05-2011 01:11 AM

Marriages that are found to be incestuous are legally null and void. There are no legal technicalities that would allow you to get around this. Even in a state where common law marriage is legally recognized, the moment your genetic relationship was revealed that status would be revoked.

Red.String.of.Fate 10-05-2011 03:49 AM

I have to ask why does it matter?
If they are happy, in love, able to live with the person without prosecution and drawbacks from society, why would they need a paper to confirm that?
They only risk background search that might prove they are related.
Besides it is not the paper that forms the marriage but the people.
If they feel married than that is all that matters.

fullmarriageequality 10-05-2011 06:39 AM

Unfortunately, I think rollingrocker is right. There are US states where it isn't illegal to be in a consanguinamorous relationship, but I think even there the "common law marriage" would not be recognized.

You can marry a complete stranger, you can marry a murderer serving a life sentence. You just can't (in many states) marry someone of the same sex or someone who is a genetic relative, even if you don't have a family relationship sociologically. It is ridiculous.

cedarforest 10-05-2011 07:48 AM

Emotionally, the love & committment to one another, IS the most important SINGLE component to a marriage (IMO). But many many factors go into a SUCCESSFUL marriage. One of the important parts is the "paper", which gives them legal status & recognition. The homosexual lobby recognize that, & are vigorously fighting for "gay marriage". With "the paper", you get all types of benefits & protections, from the state, that unmarried couples do not have. So, even though the love & committment are the vital parts, the legal status are still extremely important.--cedarforest

Allenbird 10-05-2011 08:22 AM

So in this scenario, who is going to know unless you tell them?

Witts_end 10-05-2011 03:11 PM

Thanks everyone for your input.
I do agree with all of you about the commitment being in the couple not on the paper.
Rock&roller yes unfortunately i believe your correct as well.
I was just curious to what folks thought though .
thanks agin !


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