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Reply #4: time frame / dying concept [View All]

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Home » Discuss » Topic Forums » GLBT Donate to DU
maximillian1974 Donating Member (5 posts) Send PM | Profile | Ignore Mon Nov-10-08 02:37 PM
Response to Original message
4. time frame / dying concept
Just a little legal side note to this post: common law marriages often take a long long long time to become applicable (each state has its own rules.) Also more and more states are abolishing common law marriages rather than allowing them (Georgia and Ohio for example don't recognize any after '91 and '98 respectively.)So the idea of getting states to go back to common law marriage probably isn't realistic. Also CL marriage is often used to enforce the rights of a surviving spouse (or a CL spouse after a break-up to the other spouse's assets) rather than in real life proactive situations like a hospital stay or benefits as CL marriages often require a judicial determination that a marital relationship existed.
Overall a not a great idea without some serious alteration to the doctrine of CL marriage.
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