Quote:
Originally Posted by Esaias
Obviously you have no idea what's being discussed. A LICENSE or lack thereof confers no benefit to the couple except it guarantees the state recognizes their marriage.
But you seem oblivious to the fact that one can be married without a license, as well as the more pertinent fact that you can have a license and NEVER GET MARRIED.
Hello? Anybody reading this?
If you have a marriage recognized as valid, even a Quaker Oats common law marriage, with no license, and you divorce, you will be petitioning the court. There is no common law divorce. The marriage LICENSE IS IRRELEVENT WHEN IT COMES TO A DIVORCE.
Hopefully nobody listens to you when it comes to legal advice.
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Um, I hope nobody listens to your legal advice about this, because laws on this differ by state.
We did seek legal advice. Here's how it was broken down to us... In Ohio, common law marriage was abolished in 1991. The only marriages recognized by the courts are civil marriages. One can petition the court to recognize a marriage, but the courts would be hard pressed to do this seeing how common law marriage was abolished and there are no statutes of dealing with this outside of civil union. Also, if a couple has a properly worded, notarized, and filed cohabitation agreement delineating property ownership, and that agreement has been kept and abided by, the court has no grounds upon which to intervene. The only area that the courts would still have authority would be with regards to child custody. But if the couple has no children between the two of them, child custody isn't a factor, so the court again has no grounds upon which to intervene. However, court involvement can be limited even with regards to child custody if a couple has established an agreed upon child custody and visitation agreement. The court would only be necessary to make it official should the parents decide to make it so.
So, if you're giving legal advice... you might want to at least start with telling people that laws differ by state.