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  #11  
Old 01-28-2010, 11:51 AM
Aquila Aquila is offline
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Re: The, eh, stuff that marriages are made of...

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Originally Posted by RandyWayne View Post
I believe there needs to be SOME government meddling in the sense that married couples enjoy many legal rights.

However I completely agree with the bolded part. Ever hear the horror stories of couples trying to get married on bible colleges? Or some more UC church's where a number of "permissions" are required, such as from pastors and parents?
I think the government shouldn't meddle at all. If a couple takes on a single name, cohabitates, and declares themselves "married" the Government should honor that couple's agreement. Perhaps couples should voluntarily register their unions with the government...not be processed by the government prior to marriage.
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  #12  
Old 01-28-2010, 11:54 AM
Aquila Aquila is offline
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Re: The, eh, stuff that marriages are made of...

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Originally Posted by missourimary View Post
In today's world, there needs to be more than a private commitment. Even years ago, I knew a girl who made a private commitment-to a man in each of about 5 cities!! Since the private commitments weren't legally recognized, she wasn't considered a polygamist, and had convinced herself she wasn't in fornication. However, by her actions, she was edangering herself, the guys she was with, and all of their partners too. She was also creating difficulties for any children that might come from one of the arrangements, due to the need for paternity tests and the legalities of child support.

That was 20 years ago. Those arrangements are much more common now. I have a relative who engaged in such an arrangement. Probably more than one. And I'm from a conservative family. The thing is, if the arrangement isn't legalized and legitimized, if there is ever a split, there will be no protection for either party. Thankfully the law does somewhat protect any children born to the arrangement. There isn't always in cases of divorce, either, and I understand that. But it does present some special problems.

In Bible times, when a man slept with a single woman, he was stuck with her for life. That is not the case in today's society. The law is there to protect the family structure. It doesn't always do a good job of it, but it does help, IMO.

Of course, I'm also very much for pre-nups, and many OPs would have my head for that! Talk it out, put it in writing, decide it all before the vows. It will save a lot of disputes later if it is well discussed beforehand. Not because you might get divorced, but as a written plan for how things will work so that you don't get divorced. Again, JMO
You bring up valid points. With common law marriages, a common law marriage isn't recognized if a member of the couple can be found to have been previously married. In the case of a series of common law marriages, should a divorce proceed, evidence of a prior common law marriage in another state or what have you would nullify the union entirely. I guess the deceived spouse could then sue for damages and reparations in civil court.
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  #13  
Old 01-28-2010, 11:55 AM
Aquila Aquila is offline
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Re: The, eh, stuff that marriages are made of...

But all this doesn't answer one of my questions. In states where common law marriages are legally accepted... do churches in said states recognize these unions?
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  #14  
Old 01-28-2010, 12:05 PM
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Re: The, eh, stuff that marriages are made of...

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Originally Posted by Aquila View Post
But all this doesn't answer one of my questions. In states where common law marriages are legally accepted... do churches in said states recognize these unions?
Probably varies from one church to another (like everything else). In my experience (AG), common law marriages weren't explicitly condemned (that I recall), but they were spoken of in ways that made them seem like not much more than just living together. IOW, no: not recognized as real marriages. I think pastors were pretty much afraid to take a stand on the issue.
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  #15  
Old 01-28-2010, 12:34 PM
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missourimary missourimary is offline
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Re: The, eh, stuff that marriages are made of...

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Originally Posted by Aquila View Post
You bring up valid points. With common law marriages, a common law marriage isn't recognized if a member of the couple can be found to have been previously married. In the case of a series of common law marriages, should a divorce proceed, evidence of a prior common law marriage in another state or what have you would nullify the union entirely. I guess the deceived spouse could then sue for damages and reparations in civil court.
But only with greater cost and time for the deceived spouse.

I don't know about all churches, but I've never known of any, either denominal or OP, that accepted common law marriage as adequate. They might not consider them to be "living in sin", but neither would they condone continuing without a legally sanctioned and liscensed marriage.
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  #16  
Old 01-28-2010, 12:41 PM
Aquila Aquila is offline
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Re: The, eh, stuff that marriages are made of...

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Originally Posted by missourimary View Post
But only with greater cost and time for the deceived spouse.

I don't know about all churches, but I've never known of any, either denominal or OP, that accepted common law marriage as adequate. They might not consider them to be "living in sin", but neither would they condone continuing without a legally sanctioned and liscensed marriage.
Sis. Mary, the point is that in these states common law marriages are indeed legally binding unions. The only issue is that the state hasn't "solemnized" said unions in a civil ceremony. In these states for one to legally terminate a common law marriage they must file for dissolution or file for divorce as with any "solemnized" marriage. If these unions are pefectly legal and recognized on the same level as any ceremonialized marriage...why do the churches you speak of not accept or recognize them?
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  #17  
Old 01-28-2010, 12:49 PM
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missourimary missourimary is offline
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Re: The, eh, stuff that marriages are made of...

Because as you stated before, they are not recognized in every state, they are not considered legally binding by all people, there isn't a marriage license on file with the state, and once they begin coming to church, they are encouraged to make their vows before God.

Aquila, there are some OP churches that encourage that every new convert couple renew their vows, not because the marriages weren't true marriages, but because they are now committing to God and each other.
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  #18  
Old 01-28-2010, 01:37 PM
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Re: The, eh, stuff that marriages are made of...

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Originally Posted by Aquila View Post
But all this doesn't answer one of my questions. In states where common law marriages are legally accepted... do churches in said states recognize these unions?
I don't know what the law in Ohio says about "common law" marriage.

My oldest son lived with a woman for several years. They went to a Charismatic Church. The pastor preached occasionally against living together without being married. They decided to get married and did the whole thing legally getting a marriage license and then their pastor conducted a wedding ceremony when we were all gathered together at their home. But, one thing I found interesting was that he told them that if they did not want to do the whole license thing, he would bless their union (I think with a ceremony) and it would be the same thing as being legally married as far as he was concerned.

By the way, we all love the woman he married and she has been considered part of the family way before they made it legal.
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  #19  
Old 01-28-2010, 01:59 PM
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Re: The, eh, stuff that marriages are made of...

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Originally Posted by Aquila View Post
I was just doing some reading regarding Common Law Marriages. These marriages are unions that are legally recognized though not solemnized by the state. In states where Common Law Marriages are recognized the law requires a legal divorce or dissolution of marriage for the union to be broken. Most states that recognize common law marriages have a certain criteria that must be met. These would be as follows,
* live together for a significant period of time (not defined in any state)
* hold themselves out as a married couple -- typically this means using the same last name, referring to the other as "my husband" or "my wife," and filing a joint tax return, and
* intend to be married.
Recognition of Common Law Marriages vary by state. Here is a listing of states wherein Common Law Marriages are recognized,

Alabama
Colorado
District of Columbia
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma
Pennsylvania (if created before 1/1/05)
Rhode Island
South Carolina
Texas
Utah
Seeing that I weary of Government's involvement in marriage, I find notion of two people simply choosing to be married in the eyes of God without state sanctioned solemnization interesting. My question is however, should churches where Common Law Marriages are legally binding recognize such unions?

Just an interesting subject. What are your thoughts?
Question for you, do you by any chance follow Michael Pearl and his teachings? I'm just curious, you are really into the house church scenario and then you posted this thought, which is one of the latest issues that he is publishing about. Just curious, I try to stay up to date with what is going on with that ministry because my best friend has gotten really immersed in it.
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  #20  
Old 01-28-2010, 02:04 PM
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dizzyde dizzyde is offline
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Re: The, eh, stuff that marriages are made of...

One of the things that Michael Pearl said in the article that I read, (simplified) is that you could have a religious ceremony and then form a written contract of marriage, have it witnessed and then take it the county clerk and have it filed on record. You would have legal contract, but it would not be a state governed union.
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