law marriage – Prosecute Bush Cheney http://prosecutebushcheney.org/ Sun, 17 Apr 2022 08:27:52 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://prosecutebushcheney.org/wp-content/uploads/2021/08/cropped-icon-32x32.png law marriage – Prosecute Bush Cheney http://prosecutebushcheney.org/ 32 32 Toddlers in apartment as man kills common-law wife: Texas cops https://prosecutebushcheney.org/toddlers-in-apartment-as-man-kills-common-law-wife-texas-cops/ Tue, 23 Nov 2021 08:00:00 +0000 https://prosecutebushcheney.org/toddlers-in-apartment-as-man-kills-common-law-wife-texas-cops/ The Texas Sheriff’s Office said a 27-year-old man killed his common-law wife while the couple’s toddlers were in the apartment. Getty Images/iStockphoto When a 27-year-old man shot and killed his common-law wifetheir two young children were inside the apartment, says a Texas sheriff. The man has since been charged with his shooting death, according to […]]]>

The Texas Sheriff's Office said a 27-year-old man killed his common-law wife while the couple's toddlers were in the apartment.

The Texas Sheriff’s Office said a 27-year-old man killed his common-law wife while the couple’s toddlers were in the apartment.

Getty Images/iStockphoto

When a 27-year-old man shot and killed his common-law wifetheir two young children were inside the apartment, says a Texas sheriff.

The man has since been charged with his shooting death, according to a Twitter feed from Harris County Sheriff Ed Gonzalez.

Deputies were called to the apartment complex in northeast Houston shortly before 11 p.m. Monday, Nov. 22, the sheriff said. When they arrived, the 24-year-old was found dead with an “apparent gunshot wound”.

Her common-law partner initially told investigators she “shot herself in an argument,” Gonzalez said, but he was later charged in the fatal shooting.

Authorities said the couple were fighting over the text messages found on man’s phoneaccording to the Houston Chronicle.

The couple’s 3-year-old daughter and 20-month-old son were unharmed and have since been returned to family members, Gonzalez tweeted.

The man was taken to Harris County Jail.

In Texas, a common law marriage is “a valid and legal way for a couple to marry” without the formalities of a traditional marriage, according to the Texas State Law Library. For a common-law marriage to be recognized, the couple must “agree to marry”, live together in Texas as husband and wife, and present themselves as married to others.

Kaitlyn Alanis is a McClatchy National Realtime Reporter based in Kansas. She is an alumnus of agricultural communication and journalism at Kansas State University.

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De facto marriage and social security https://prosecutebushcheney.org/de-facto-marriage-and-social-security/ Mon, 15 Nov 2021 19:47:14 +0000 https://prosecutebushcheney.org/de-facto-marriage-and-social-security/ [ad_1] Social security recognizes a de facto marriage if: The couple live in a state where common-law marriage is legal, or did so at the start of the marriage. The couple can show Social Security that they are in such a relationship (more details below). If you meet these criteria, you are entitled to the […]]]>


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Social security recognizes a de facto marriage if:

  • The couple live in a state where common-law marriage is legal, or did so at the start of the marriage.
  • The couple can show Social Security that they are in such a relationship (more details below).

If you meet these criteria, you are entitled to the same spousal and survivor benefits, subject to the same conditions, as a couple who have obtained a marriage license and performed a ceremony.

Social Security regulations list 10 states that currently recognize common law marriage (some by current laws, others by legal precedents): Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, Caroline of South, Texas and Utah. The District of Columbia is doing it too. The rules on cohabitation and other criteria for establishing a relationship as a common-law marriage vary considerably from state to state.

Sixteen other states previously recognized such relationships, and if your common-law relationship began while the practice was still legal in your state and met that state’s criteria, Social Security will say so. In most of these states, the question is largely academic; 11 ceased to recognize common-law unions more than 50 years ago. The question may be more relevant if you were married in Alabama (where the practice was banned in 2017), Georgia (1997), Idaho (1996), Ohio (1991), or Pennsylvania (2005).

Once you’ve cleared the state hurdle, it’s mostly a matter of Social Security paperwork. Both common-law partners must complete a “Declaration of Conjugal Relationship” (Form SSA-754) and provide an additional declaration from a blood relative confirming the marriage (Form SSA-753). If your common-law partner is deceased and you are claiming survivor benefits, you must provide your own declaration, one from a blood relative and two from a blood relative of the deceased. Social Security may look for corroborating evidence that the couple considers themselves (or considers themselves) to be spouses, such as mortgage or rent receipts, insurance policies, or bank statements.

If you live in a state that doesn’t recognize common-law marriage, you’re out of luck from a Social Security perspective. The recognition of de facto unions established abroad varies from country to country and may require an opinion from the Social Security legal office; if you are in such a relationship, contact Social Security to inquire about your status.

Keep in mind

  • Children of common-law partners who are both deceased may be eligible for survivor benefits. When applying, they must provide an SSA-753 form of a parent by blood of each parent.
  • The issue of social security benefits for de facto same-sex marriages is legally pending. The emblem of the Supreme Court Oberefell the decision required states to issue marriage licenses to same-sex couples; it did not deal specifically with common-law marriages. How States Apply Oberefell such relationships are dealt with on an ad hoc basis, as the relevant cases (for example, involving divorce or inheritance) are dealt with in state courts.

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UAE Indian community welcomes new civil law for non-Muslims: The Tribune India https://prosecutebushcheney.org/uae-indian-community-welcomes-new-civil-law-for-non-muslims-the-tribune-india/ Mon, 08 Nov 2021 08:00:00 +0000 https://prosecutebushcheney.org/uae-indian-community-welcomes-new-civil-law-for-non-muslims-the-tribune-india/ [ad_1] Abu Dubai, November 8 The UAE Indian community on Monday welcomed the historic new civil law for non-Muslims in Abu Dhabi, the capital and second most populous city in the Gulf country, which was introduced by the emirate in an effort to maintain its competitive advantage as a regional commercial hub and emerge as […]]]>


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Abu Dubai, November 8

The UAE Indian community on Monday welcomed the historic new civil law for non-Muslims in Abu Dhabi, the capital and second most populous city in the Gulf country, which was introduced by the emirate in an effort to maintain its competitive advantage as a regional commercial hub and emerge as the most attractive destination for talents and skills.

In his capacity as ruler of the Emirate of Abu Dhabi, President Sheikh Khalifa bin Zayed Al Nahyan on Sunday promulgated a law regulating personal status matters for non-Muslims in Abu Dhabi to provide a flexible and advanced judicial mechanism. for the determination of status disputes for non-Muslims.

The move, which is the first of its kind in the world, will strengthen the emirate’s position and its global competitiveness as one of the most attractive destinations for talent and skills, the official WAM news agency reported. .

Reacting to the decision, Ipshita Sharma, Sales Manager for the International Edition, called it “an incredible gesture for those of us who consider the UAE to be home.” “I have been here for 12 years now and I feel more and more that we are included in the country’s narrative despite our religion, nationality and beliefs,” said Sharma, who is based in Dubai.

According to M Unnikrishnan, a communications professional, Abu Dhabi’s new civil law on marriage, divorce, custody and inheritance for non-Muslims holds promise for its residents.

“By introducing a new legal framework for non-Muslims, the leadership of the UAE has ensured a flexible and advanced judicial mechanism aligned with international practices,” he said.

For Abu Dhabi-based Unnikrishnan, the announcement of the reforms as the UAE celebrates its Golden Jubilee celebrations is another milestone in the nation’s history.

“Bilingual legal procedures, the right to divorce, equal rights of partners in matters of child custody, special courts dedicated to non-Muslim family matters, etc. noted.

“Linked to the legal overhaul of November last year, the new measures will protect the rights of all concerned,” Unnikrishnan said.

Kevin Bayan, a Philippine national, who works in the health sector in Abu Dhabi, said the new set of rules would make civil cases less complex. “It will therefore be a blessing for residents and expatriates, living longer in the country. The flexibility, priority and advanced approach taken in formulating the new law are commendable,” he said.

“Over the years, the UAE has paid special attention and attention to residents to ensure that their rights and needs are taken into account. I believe that the aspects of the law relating to marriage, divorce and child custody are advanced and capable of guaranteeing the rights of individuals and their children, ”he added.

Chandrashekhar Bhatia, of the Dubai-based Maharashtra Business Forum, said the law was good for the country.

“This is very useful for non-Muslims because in case of child custody, both parties will now be responsible for the care of their children. The community should welcome this,” he said.

An Indian technician living in Abu Dhabi said details related to the new law are still not known.

“We should wait until more details emerge. When it comes to inheritance law specifically, I’m looking for clarification on how this will work alongside Indian inheritance law. Suppose we have property in the United Arab Emirates and India, but without a will, ”he said on condition of anonymity.

The law, which is in line with international best practices, guarantees the right of non-Muslims to be subject to internationally recognized law with which they are familiar in terms of culture, customs and language, according to an article in the Khaleej Times.

It will also help protect the best interests of the children, especially in the event of parental separation, he said.

The move will further strengthen the emirate’s position and its global competitiveness as one of the most attractive destinations for talent and skills, he said.

The law consists of 20 articles divided into several chapters covering civil marriage, divorce, joint custody of children and inheritance, according to the WAM report.

Youssef Saeed Al Abri, undersecretary of the Abu Dhabi Judicial Department (ADJD), said the new legislation is the first of its kind in the world because it deals with the smallest details regarding non-Muslim family life.

The new law applies civil principles in the regulation of family matters, Al Abri said, as quoted by the state news agency.

He also announced the creation of the first court dedicated to non-Muslim family matters, which would be in both English and Arabic in order to facilitate the understanding of legal proceedings by foreigners and to improve judicial transparency.

Al Abri added that the Abu Dhabi Judicial Department strives to provide innovative solutions to the personal status issues of non-Muslims that are brought before the courts, after studying and analyzing them and working to find sophisticated legislative solutions. which provide a modern judicial framework for foreigners residing in the Emirate of Abu Dhabi to resolve family disputes flexibly in accordance with international best practices, Gulf News reported. – PTI

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UAE Indian community welcomes new civil law for non-Muslims https://prosecutebushcheney.org/uae-indian-community-welcomes-new-civil-law-for-non-muslims/ Mon, 08 Nov 2021 08:00:00 +0000 https://prosecutebushcheney.org/uae-indian-community-welcomes-new-civil-law-for-non-muslims/ [ad_1] The UAE Indian community on Monday welcomed the historic new civil law for non-Muslims in Abu Dhabi, the capital and second most populous city in the Gulf country, which was introduced by the emirate in an effort to maintain its competitive advantage as a regional commercial hub and emerge as the most attractive destination […]]]>


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The UAE Indian community on Monday welcomed the historic new civil law for non-Muslims in Abu Dhabi, the capital and second most populous city in the Gulf country, which was introduced by the emirate in an effort to maintain its competitive advantage as a regional commercial hub and emerge as the most attractive destination for talents and skills. In his capacity as ruler of the Emirate of Abu Dhabi, President Sheikh Khalifa bin Zayed Al Nahyan on Sunday promulgated a law regulating personal status matters for non-Muslims in Abu Dhabi to provide a flexible and advanced judicial mechanism. for the determination of status disputes for non-Muslims.

The move, which is the first of its kind in the world, will strengthen the emirate’s position and its global competitiveness as one of the most attractive destinations for talent and skills, the official WAM news agency reported. .

Reacting to the decision, Ipshita Sharma, Sales Manager for the International Edition, called it “an incredible gesture for those of us who consider the UAE to be home.”

“I have been here for 12 years now and I feel more and more that we are included in the country’s narrative despite our religion, nationality and beliefs,” said Sharma, based in Dubai.

According to M Unnikrishnan, a communications professional, Abu Dhabi’s new civil law on marriage, divorce, custody and inheritance for non-Muslims holds promise for its residents.

“By introducing a new legal framework for non-Muslims, the leadership of the UAE has ensured a flexible and advanced judicial mechanism aligned with international practices,” he said.

For Abu Dhabi-based Unnikrishnan, the announcement of the reforms as the UAE celebrates its Golden Jubilee celebrations is another milestone in the nation’s history.

“Bilingual legal procedures, the right to divorce, equal rights of partners in child custody, special courts dedicated to non-Muslim family matters, etc., are some of the features of the reform, guaranteeing the transparency in the respect of rights ”, he mentioned.

“Linked to the legal overhaul of November last year, the new measures will protect the rights of all concerned,” Unnikrishnan said.

Kevin Bayan, a Philippine national, who works in the health sector in Abu Dhabi, said the new set of rules would make civil cases less complex.

“It will therefore be a blessing for residents and expatriates, living longer in the country. The flexibility, priority and advanced approach taken in formulating the new law are commendable,” he said.

“Over the years, the UAE has paid attention to residents to ensure that their rights and needs are taken into account. I believe that aspects of the law regarding marriage, divorce and custody children are advanced and able to guarantee the rights of individuals and their children, ”he added.

Chandrashekhar Bhatia, of the Dubai-based Maharashtra Business Forum, said the law was good for the country.

“This is very useful for non-Muslims because in case of child custody, both parties will now be responsible for the care of their children. The community should welcome this,” he said.

An Indian technician living in Abu Dhabi said details related to the new law are still not known.

“We should wait for more details to emerge. With regard to inheritance law specifically, I’m looking at how this will play out alongside Indian inheritance law. Suppose one owns property in UAE and India, but without a will, ”he said. said on condition of anonymity.

The law, which is in line with international best practices, guarantees the right of non-Muslims to be subject to internationally recognized law with which they are familiar in terms of culture, customs and language, according to an article in the Khaleej Times.

It will also help protect the best interests of the children, especially in the event of parental separation, he said.

The move will further strengthen the emirate’s position and its global competitiveness as one of the most attractive destinations for talent and skills, he said.

The law consists of 20 articles divided into several chapters covering civil marriage, divorce, joint custody of children and inheritance, according to the WAM report.

Youssef Saeed Al Abri, undersecretary of the Abu Dhabi Judicial Department (ADJD), said the new legislation is the first of its kind in the world because it deals with the smallest details regarding non-Muslim family life.

The new law applies civil principles in the regulation of family matters, Al Abri said, as quoted by the state news agency.

He also announced the creation of the first court dedicated to non-Muslim family matters, which would be in both English and Arabic in order to facilitate the understanding of legal proceedings by foreigners and to improve judicial transparency.

Al Abri added that the Abu Dhabi Judicial Department strives to provide innovative solutions to the personal status issues of non-Muslims that are brought before the courts, after studying and analyzing them and working to find sophisticated legislative solutions. which provide a modern judicial framework for foreigners residing in the Emirate of Abu Dhabi to resolve family disputes flexibly in accordance with international best practices, Gulf News reported.

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Does common law marriage exist in Scotland? https://prosecutebushcheney.org/does-common-law-marriage-exist-in-scotland/ https://prosecutebushcheney.org/does-common-law-marriage-exist-in-scotland/#respond Mon, 26 Jul 2021 09:11:15 +0000 https://prosecutebushcheney.org/does-common-law-marriage-exist-in-scotland/ [ad_1] The answer? In short, no. In the past, there were legal / cultural norms that made marriage virtually essential for couples. There are many reasons why a couple may choose not to marry or enter into a civil partnership – and it is increasingly common not to do so. Arguably, the cohabitant rights law […]]]>


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The answer? In short, no.

In the past, there were legal / cultural norms that made marriage virtually essential for couples. There are many reasons why a couple may choose not to marry or enter into a civil partnership – and it is increasingly common not to do so.

Arguably, the cohabitant rights law has yet to catch up with the way many people now choose to live their lives. For this reason, Scottish law in this area is currently under review by the Scottish Law Commission.

Common law marriage” in Scotland

For many people, it is not clear whether ‘common law marriage’ exists in Scotland. Contrary to popular belief, this is not a legal status in Scotland.

Common-law marriage is a colloquial term sometimes used to describe a couple who live together but have not formalized their relationship by marrying / entering into a civil partnership.

What we have in Scotland, however, are legal rights for “cohabitants”. The Cohabitation Act was born out of an amendment to the law on 4 May 2006 (Family Law Act (Scotland) 2006, Articles 25-29).

Cohabitation with habit and reputation “vs” common-law relationship “

There was an outdated form of ‘irregular’ marriage in Scotland called ‘cohabitation with habit and reputation’. It is this legal concept that people sometimes call “common law marriage”.

Following the modification of the law in 2006, cohabitation with habit and reputation was almost completely abolished.

It is still possible in certain circumstances (ie couples who started cohabiting before May 4, 2006) to take legal action on this basis, but it is not common to do so.

Which couples would be considered cohabiting?

The starting point is that the cohabitants are a couple living as a couple as if they were married or in a civil partnership.

To determine if a couple was cohabiting, the factors to consider are:

  • how long the couple have lived together (even a relatively short period may be sufficient);
  • how their lives and finances were intertwined;
  • if the couple’s social circle saw cohabitants as a couple, rather than simply as friends / roommates.

If a cohabiting couple separates, what are their rights towards each other?

Unfortunately, there are no automatic rights.

When a cohabiting couple separates, there are certain claims on which either cohabitant can rely to seek financial compensation or assert certain other rights.

These complaints are as follows: –

A right of occupancy is a right to live somewhere. Married / civil partnership couples have tenure rights to the house they lived in together (also known as the “family home”), regardless of who owns the house.

Cohabitants do not automatically have the right to continue living in accommodation owned / rented by their cohabiting partner (although special rules apply in cases of domestic violence).

However, it is possible for a partner to apply to a court for tenure rights. Whether or not a court grants occupancy rights would depend on individual facts and circumstances and the occupancy right would only apply for a prescribed period.

Cohabitants do not have the direct right to share anything of their partner’s property.

It is possible for a cohabitant to seek financial compensation from a court if he has suffered an “economic disadvantage” which has resulted in a corresponding “economic advantage” for the other cohabitant, the main objective being to correct imbalances and find a way out which is right.

Whether or not a court will award financial compensation is decided on a case-by-case basis, with the court exercising its discretion to decide the issues. This may include a lump sum, a payment to recognize any economic burdens of child care, and any other interim orders the court deems appropriate.

This type of complaint has a strict deadline and must be initiated in one year of the couple ceasing to live together. There is a very limited exception to this rule, if one of the cohabitants is in another country and the couple is engaged in mediation.

What happens if a cohabitant dies?

If a cohabitant dies without a will, there is no automatic legal right for the surviving cohabitant to share the deceased’s “estate” (the property he left behind).

However, the survivor can go to court. within six monthsof the death of their partner to be allocated part of the deceased’s net “intestate” estate (click here for more information on intestate inheritance), or to have a certain asset transferred.

The Court has a wide discretion as to whether or not to grant such compensation.

Click here to find out more about the legal situation if a partner dies without a will.

Is there anything the cohabitants can do to gain more security or legal certainty?

There are measures that cohabiting couples can take to mitigate the fact that they do not have the same level of legal protection as those who are married or in a civil partnership, such as: –

  • Conclude a “Cohabitation Agreement”

A cohabitation agreement is a contract that can be used to formalize how property / finances will be handled by a cohabiting couple. Click here to learn more about cohabitation agreements.

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What would you like to know https://prosecutebushcheney.org/what-would-you-like-to-know/ https://prosecutebushcheney.org/what-would-you-like-to-know/#respond Sun, 25 Jul 2021 07:00:00 +0000 https://prosecutebushcheney.org/what-would-you-like-to-know/ [ad_1] There are misconceptions about what constitutes a common-law marriage. The most common assumption is that if you live together for a certain number of years, you automatically have a common-law relationship. This is not true, and there are other requirements to be met as well. What is a de facto marriage? A common-law marriage […]]]>


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There are misconceptions about what constitutes a common-law marriage. The most common assumption is that if you live together for a certain number of years, you automatically have a common-law relationship. This is not true, and there are other requirements to be met as well.

What is a de facto marriage?

A common-law marriage is a legal marriage between two people (same sex or heterosexual) who have not organized a marriage ceremony or filed a marriage license.

Providing a general definition of common-law marriage is difficult because laws vary from state to state. Today, few states allow new common law marriages. No common law state requires the exact number of years you must live together to be in a valid common law marriage.

“Common law marriage is a doctrine created by the courts that says that if a couple present themselves as a married couple for a number of years, but have not registered the marriage with the state, the couple will be considered married in the eyes of a court, ”says lawyer Kevin Tillson. “States have enacted laws recognizing these common law marriages, but severely limited their application.

Meet the expert

Kevin Tillson is the owner of the family-focused law firm Tillson Law PC in Sandy, Oregon. The firm’s expertise includes estate planning, probate and trust administration, business planning and real estate transactions.

Read on to find out everything you need to know about a common-law marriage.

The common law against marriage versus civil unions

Common-law marriage

Without a marriage license, your state may not have a way to document your common-law relationship. If you file for a divorce later, you may have legal difficulties with access rights, child support, property division, spousal support, medical rights, loss of survival and inheritance. .

“Oregon does not recognize common-law marriage, but in cases where the partners have separated, the courts in those situations will divide the assets based on each member’s contribution to the domestic partnership in the acquisition or increase in asset value over the course of the relationship. ”Says Tillson. “No spousal support can be granted. Dividing retirement accounts, bank accounts, and anything else that is not jointly owned can be difficult. ”

The three main things to know about a common-law marriage:

  • You may be eligible for most state and federal benefits granted with traditional marriage. Consult an attorney in your state.
  • Most states will recognize a valid common law marriage.
  • It is necessary to end a common-law relationship with divorce proceedings.

Wedding

Mr. Tillson defines traditional marriage as “a civil contract between the state and the two people who marry. Marriage is a creation of law and must be registered with the state (the reason you receive a marriage certificate). In exchange for the conclusion of the civil contract, the State grants the two persons a certain number of statutory rights.

The top three things to know about marriage:

  • It is a legal status with automatic rights, federal benefits, tax breaks and responsibilities.
  • Divorce laws are precise and comprehensive.
  • Some state laws provide that a surviving spouse automatically inherits all assets.

Civil unions

As with common-law marriage, laws on civil unions and domestic partnerships vary from state to state. It is wise to consult a lawyer before deciding which one is best for you. “Before Oregon and many other states recognized same-sex marriages as legal, the legislature created civil unions or registered domestic partnerships,” says Tillson. “Civil unions have been used as a workaround for states that were reluctant to remove the terms ‘man’ and ‘woman’ from the definition of marriage. Laws establishing civil unions gave individuals the same rights as those whose married couples were registered with the state, in the same way as a marriage.

In Oregon, the term “registered” is essential because in order to benefit from the rights of a married couple, the domestic partnership must be registered with the state. In Oregon, only same-sex couples can register a domestic partnership. After you register a domestic partnership or civil union, most state laws that apply to married couples apply to domestic partners.

The biggest difference between a marriage and a civil union is found under federal laws. Civil union does not guarantee that a couple has federal rights, except as expressly provided by the federal government.

The top three things to know about civil unions:

  • Same-sex marriages are legal in all 50 states and DC, so most states now recognize existing civil unions as legal marriages; therefore, fewer states offer civil union as an option.
  • You cannot file federal taxes jointly. Surviving spouse veteran benefits may not apply to civil unions.
  • Provides all the benefits of the state of marriage.

Requirements for a common-law marriage

Laws vary from state to state, so it’s best to contact your lawyer with any specific questions or concerns.

  • Both members of the couple should consider themselves living together as a married couple for a number of years.
  • The couple must present themselves as a married couple. They could open a joint bank account, buy property together, designate their partner as “my spouse” or share the same last name, file taxes jointly, wear wedding rings, etc., in a state that recognizes common-law marriage. .
  • Must be single and of legal age to marry.

States allowing common-law marriage

Only a few states still allow the establishment of common law marriages:

  1. Colorado: A de facto marriage contracted on or after September 1, 2006, is valid if, at the time the marriage was concluded, both parties are 18 years of age or over; there is evidence of mutual agreement and marriage is not prohibited by any other law. (Colorado Statute §14-2-109.5)
  2. Iowa: De facto marriage is intended for the maintenance of dependents. Otherwise, it is not explicitly prohibited. (Iowa Code §595.1A)
  3. Kansas: The State of Kansas will not recognize a common law marriage contract if either party to the marriage is under the age of 18. (Kan Statute §23-2502)
  4. Montana: Each applicant must be able to contract marriage by mutual consent, cohabitation and public notoriety. (MCA. Stat. §40-1-202 and MCA. Stat. §40-1-403)
  5. New Hampshire: People who cohabit and recognize themselves as husband and wife, and generally deemed to be such, for a period of three years, and until the death of one of them, will then be deemed to be legally married. (NH Stat. §457: 39). It is used to determine probate when the surviving spouse applies to the inheritance court for the estate of the deceased partner.
  6. Texas: Any marriage presumed valid. Refers to “informal marriage” and requires a signed marriage declaration to prove informal marriage in legal, administrative or other proceedings. (Tex. Family law §1.101; Tex. Family law §2.401-2.402)
  7. Utah: Recognizes marriage that is not celebrated as legal, if a judicial or administrative decision establishes that it results from a contract between a man and a woman. Other requirements apply. (Utah Statute §30-1-4.5)
  8. District of Colombia recognizes de facto marriage and, with Rhode Island and Oklahoma; validity is usually decided by case law.
  9. Caroline from the south: The South Carolina Supreme Court judge abolished unlicensed marriage on July 24, 2019.

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In absence of de facto marriage, judge upholds marital rights of Baldwin County widow https://prosecutebushcheney.org/in-absence-of-de-facto-marriage-judge-upholds-marital-rights-of-baldwin-county-widow/ https://prosecutebushcheney.org/in-absence-of-de-facto-marriage-judge-upholds-marital-rights-of-baldwin-county-widow/#respond Wed, 02 Jun 2021 07:00:00 +0000 https://prosecutebushcheney.org/in-absence-of-de-facto-marriage-judge-upholds-marital-rights-of-baldwin-county-widow/ [ad_1] Joseph Harvey Precise Jr., 49, can finally rest in peace. His body had been held in the Baldwin County Coroner’s office for 20 days last Wednesday when his mother, Julia Precise, and his three-year-old wife, Jessica Precise, met in Judge Jody Bishop’s courtroom. Disabled coal miner and father of six – he conceived a […]]]>


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Joseph Harvey Precise Jr., 49, can finally rest in peace. His body had been held in the Baldwin County Coroner’s office for 20 days last Wednesday when his mother, Julia Precise, and his three-year-old wife, Jessica Precise, met in Judge Jody Bishop’s courtroom.

Disabled coal miner and father of six – he conceived a pair of 17-year-old twins and a set of 14-year-old quadruplets with his ex-wife Dalynda “Hope” Precise – Joseph died suddenly on May 6 of natural causes.

Baldwin County Coroner Dr Brian Pierce said his office typically reviews all deaths without supervision and the final disposition of remains is settled by the next of kin.

“There is usually a pecking order starting with the spouse if the deceased is married, a parent if he is single, a brother if there is no relative, cousins, aunts or uncles and on any the line, ”he said. “But it has become more confusing with the abolition of common-law marriage in Alabama, and if anyone disputes possession of the remains, the probates judge is usually required to verify. But unfortunately, this is a situation where the gentleman who died has family issues. ”

Joseph and Hope were reported to have been parties to a “high-conflict divorce,” a contested proceeding in which details such as custody arrangements and child support obligations cannot be determined until years after the parties have separated.

Joseph and Hope separated on September 5, 2015, and Joseph filed for divorce a month later. The following summer, while the divorce action was pending, Joseph met Jessica, who had never been married and had no children.

Facebook | Jessica and Joseph Precise tied the knot about a week after his divorce from his previous wife was finalized on paper, apparently in violation of the state’s 60-day ban on the right to remarry.

On July 18, 2017, a hearing began in Shelby County where a judge admitted the divorce, although the final judgment was not signed until September 19. Joseph and Jessica tied the knot on September 27, 69 days after the hearing, but just a week after the documents were timestamped.

When Joseph passed away earlier this month, his mother claimed her marriage to Jessica was void, citing the 60-day waiting period to remarry after a divorce. Julia sued Jessica and Pierce, further arguing that Jessica could not claim the common-law marriage because the state abolished her recognition in January 2017.

“The argument is who has custody and who has the legal authority to decide the terms of the burial,” plaintiff’s attorney, Blake Lowe, told court. Both parties testified that their relationship was “toxic” and although there had been some improvements over time, Julia would never recognize the validity of the marriage.

“She never accepted me or our marriage,” Jessica said. “She’s only spoken two sentences to me in four years, once threatening to hit me with a McDonald’s tray and the other treating me badly.”

Julia said his relationship with Joseph was improving and assumed he only rushed to remarry Jessica because the divorce agreement prohibited Joseph from visiting children if he was not married and cohabited.

“I accepted that he was in a relationship with Jessica, but not the marriage,” Julia said. “How can I accept something that is not true?” “

Joseph’s mother said he wanted a traditional funeral and burial near Montgomery, in a location that would be convenient for his family. His wife said that was not his intention at all, that Joseph was adamant that he be cremated without his family seeing his body. Jessica told the court they discussed buying necklaces for each of her children, along with lockets for her ashes.

The six children were also named complainants in the lawsuit, but Bishop dismissed them before the hearing because they were under 18.

Like more than half of Americans, Joseph Precise died without a will. More importantly, she was also missing a simpler document officially authorizing a “right of disposition officer,” said attorney Mary Murchison, who represented Jessica in the case.

“It’s probably a case of first impression,” Murchison told Lagniappe last week. “You’ve heard the term ‘unintended consequences’, but when they abolished common-law marriage, that is one of the things that happened. We have an archaic law known as the 60-day post-divorce ban, preventing you from remarrying anyone other than your ex-spouse. But recently you have a series of cases in [the Supreme Court of the United States] defining marriage, speaking of the fundamental right to marry. Today you must have a high enough interest in the state to interfere with these rights and [the 60-day law] does not reach a level that would deprive someone of their fundamental rights.

Murchison cited the landmark civil rights case Obergefell v. Hodges at the federal level, but also a state case, Krug v. Krug, decided after a recently married man was killed while deployed in the Vietnam War. Raymond and Clara Ann Krug were married in Georgia on December 31, 1969, just one week after Clara Ann divorced her first husband in Coffee County, Alabama.

In the days leading up to his January 19 deployment, Raymond named Clara Ann as beneficiary of his life insurance, opened a joint account in her name, signed a will leaving all property to his wife, and gave her a proxy. In the months leading up to his death in a helicopter crash on May 14, “they exchanged letters almost daily and recorded frequent. He addressed his mail to Mrs. Raymond H. Krug Jr. He wrote about his desire to start a family and he began to assign obligations to her and the obligations were payable to her and to him.

After his death, Krug’s parents challenged his marriage to Clara Ann, citing the 60-day restriction. But the Alabama Supreme Court recognized the protections offered by common law marriage.

“It is the well-established rule that if the parties marry in good faith when in fact there is a legal impediment to their marriage, and they continue to cohabit as male and female after the removal of prevention, the law presumes a community. marriage law, ”the court concluded. “The only obstacle or obstacle to this marriage in Alabama was the 60-day waiting period, and once that has passed, a common-law marriage would be presumed.”

But since common-law marriage is no longer part of the equation, the Precise case would target the 60-day waiting period.

“Do we take away the fundamental right of someone with an artificial ban on remarrying, or do we recognize if these people acted in good faith, tried to obey the law and were in a committed relationship? Murchison asked. “It was a real marriage – this man loved this woman and he was coming out of a horrible divorce. For the first time in a long time, he was happy. Ultimately it will be [Jessica’s] marital rights as a wife. It will be very disturbing if it is stripped. Most importantly, she knew his last wishes and couldn’t fulfill them because these people came in and said you weren’t his wife.

In an order signed Thursday, Justice Bishop agreed. Pierce was ordered to return Joseph’s remains to his wife.

“The defendant presented a valid marriage certificate showing that she was the legal wife of the deceased,” Bishop wrote. “The validity of the said marriage was not contested by any of the parties to the marriage nor by any other party, including the applicant, during the husband’s lifetime… Marriage is not only recognized by the courts as a fundamental right, but a ceremonial marriage. is encouraged by public policies for the stability of the family and society. At the time of the defendant’s marriage to the deceased, his divorce decree was final and had not been appealed. The court concludes that there is no compelling public interest in annulling the marriage… and rejects the plaintiff’s arguments to that effect.

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An updated test for common-law marriage | Holland & Hart – Fiduciary Law Blog https://prosecutebushcheney.org/an-updated-test-for-common-law-marriage-holland-hart-fiduciary-law-blog/ https://prosecutebushcheney.org/an-updated-test-for-common-law-marriage-holland-hart-fiduciary-law-blog/#respond Tue, 09 Mar 2021 08:00:00 +0000 https://prosecutebushcheney.org/an-updated-test-for-common-law-marriage-holland-hart-fiduciary-law-blog/ [ad_1] Colorado is one of nine states that still recognize common law marriage, including Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, Utah and Texas, as well as District of Columbia. De facto union applications often arise in the context of an estate where a purported de facto spouse asserts the rights of a surviving […]]]>


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Colorado is one of nine states that still recognize common law marriage, including Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, Utah and Texas, as well as District of Columbia.

De facto union applications often arise in the context of an estate where a purported de facto spouse asserts the rights of a surviving spouse, including priority to act as a personal representative, statutory allowances and a optional part. In the context of litigation, determining whether there is a common-law marriage can be an expensive and factual investigation. It can also be particularly difficult in the context of an estate where one of the parties has died.

The Colorado Supreme Court recently released three cases dealing with the common-law marriage test. Hogsett v. Neale, 478 P.3d 713 (Colombia 2021); In Yudkin’s domain, 478 P.3d 732 (Colombia 2021); and LaFleur vs. Pyfer, 479 P.3d 869 (Colombia 2021).

The pre-test for common-law marriage in Colorado was codified in People against Lucero, 747 P.2d 660 (Colombia 1987). De facto marriage could be established “by mutual consent or the agreement of the parties to be husband and wife, followed by a mutual assumption of a marital relationship”. User ID. to 663. Lucero provided a series of factors for a court to consider, including the following: cohabitation; reputation in the community as a husband and wife; maintenance of joint bank and credit accounts; purchase and co-ownership of goods; filing of joint tax returns; and the use of the man’s last name by the woman or by children born to the parties. User ID. to 665.

The first case of the recent trio of Colorado Supreme Court cases, Hogsett, updated on Lucero test to the following:

a de facto marriage can be established by the consent or mutual agreement of the couple to enter into the legal and social institution of marriage; followed by behavior demonstrating this mutual agreement. The main question is whether the parties intended to seize a marital relationship – that is, sharing a life together as spouses in an intimate and committed relationship of mutual support and obligation. … Courts should give weight to evidence reflecting a couple’s express agreement to marry. In the absence of such evidence, the parties’ agreement to enter into a marital relationship can be inferred from their conduct.

User ID. to 715. The Hogsett The Court disavowed the heteronormative terms in Lucero, but said some of these factors might still be relevant depending on the circumstances and added the following additional factors for possible consideration:

evidence of shared financial responsibility, such as leases on behalf of both partners, joint invoices or other payment records; proof of joint estate planning, including wills, powers of attorney, beneficiary designations and emergency contact; and symbols of commitment, such as ceremonies, birthdays, cards, gifts and the couple’s references or labels for each other. Courts should also take into account the sincere beliefs of the parties regarding the institution of marriage.

User ID. to 725.

In The flower, the court ruled that a common-law same-sex marriage could be formed before Colorado recognized the basic right to marry for same-sex couples. The case involved a same-sex couple who held a ceremony in 2003 where they exchanged vows and wedding rings in front of family and friends. They also signed a document entitled “Certificate of Holy Union”. The court upheld the trial court’s ruling that the couple were de facto married in 2003, even though same-sex marriage was not legal in 2003. The court ruled that because the United States Supreme Court in Obergefell vs. Hodges, 576 US 644 (2015) struck down state laws prohibiting same-sex marriage as unconstitutional, void ab initio, or in other words, treated as if it never existed. The Flower, at 880. The Court concluded that Oberefell have retroactive effect. User ID. at 882. The Court further held that even if the conjugal relationship was not recognized as legal at the time, this does not change the nature of the relationship itself. The couple does not have to foresee the legal consequences of a marital relationship in order to enter into the relationship. User ID. to 881.

In Yodkin, the Court held that the existence of a common-law relationship depends on all the circumstances in the context of each relationship. For example, in modern relationships, a married couple may not share the same last name and may be more likely to have separate finances. Yodkin, at 737. Similarly, in The flower, the court noted that a same-sex couple may not have filed a joint tax return because it was not permitted at the time under federal law or that a couple may choose not to file a joint tax return. widely publicize their relationship for reasons other than their lack of mutual agreement to be married. The flower, at 844.

There is no such thing as a de facto divorce, so once a de facto marriage exists, a couple must go through the process of legal dissolution to divorce. When considering conduct that establishes a common-law marriage, the facts that show that a relationship may have deteriorated does not nullify a prior marriage agreement. The Flower, at 844.

The opinions include interesting concordances and dissent, including the argument of joining the majority of states in abolishing the concept of common law marriage altogether.

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Common law definition: history, uses and example https://prosecutebushcheney.org/common-law-definition-history-uses-and-example/ https://prosecutebushcheney.org/common-law-definition-history-uses-and-example/#respond Sun, 28 Feb 2021 08:00:00 +0000 https://prosecutebushcheney.org/common-law-definition-history-uses-and-example/ [ad_1] What is the common law? Common law is a collection of unwritten laws based on legal precedents established by the courts. The common law influences the decision-making process in unusual cases where the outcome cannot be determined on the basis of existing statutes or written rules of law. The American common law system evolved […]]]>


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What is the common law?

Common law is a collection of unwritten laws based on legal precedents established by the courts. The common law influences the decision-making process in unusual cases where the outcome cannot be determined on the basis of existing statutes or written rules of law. The American common law system evolved from a British tradition that spread to North America during the colonial period of the 17th and 18th centuries. Common law is also practiced in Australia, Canada, Hong Kong, India, New Zealand and the United Kingdom.

Key points to remember

  • Common law, also known as case law, is a collection of unwritten laws based on legal precedents set by the courts.
  • The common law draws on the opinions and institutionalized interpretations of judicial authorities and public juries.
  • Common laws are sometimes the source of inspiration for the promulgation of new laws.

Now take a look: what is common law?

Understanding the Common Law

A precedent, known as stare decisis, is a history of court decisions that form the basis of assessment for future cases. Common law, also known as case law, relies on detailed records of similar situations and laws, as there is no formal legal code that can apply to a particular case.

The presiding judge of a case determines which precedents apply to that particular case. The example given by higher courts is binding on cases tried by lower courts. This system promotes the stability and consistency of the American judicial system. However, lower courts may choose to modify or depart from precedents if they are obsolete or if the current case is substantially different from the previous case. Lower courts can also choose to set aside the previous one, but this rarely happens.

Common Law vs. Civil law

Civil law is a comprehensive and codified set of legal statutes created by legislators. A civil system clearly defines the cases that can be brought to court, the procedures for handling complaints and the sanction of an offense. Judicial authorities use the conditions of the applicable civil code to assess the facts of each case and make legislative decisions. While civil law is regularly updated, the goal of standardized codes is to create order and reduce biased systems in which laws are applied differently from case to case.

The common law draws on the opinions and institutionalized interpretations of judicial authorities and public juries. Like civil law, the objective of the common law is to establish consistent results by applying the same standards of interpretation. In some cases, the precedent depends on the case-by-case traditions of individual jurisdictions. Therefore, the elements of the common law may differ from district to district.

De facto marriage

A common-law marriage, also known as a non-ceremonial marriage, is a legal framework that can allow couples to be considered married without having officially registered their union as a civil or religious marriage. While common law is not common in the United States, there are a number of states that have statutes or allow common law marriage if they meet certain requirements, including:

  • Colorado
  • Iowa
  • Kansas
  • Montana
  • New Hampshire
  • Caroline from the south
  • Texas
  • Utah
  • The District of Colombia

A number of states, including Alabama, recently abolished laws allowing common law marriage. In addition to these states, Iowa, Rhode Island, and the District of Columbia allow common-law same-sex marriage.

Special considerations

As judges present the precedents that apply to a case, they can significantly influence the criteria a jury uses to interpret a case. Historically, common law traditions have led to the unfair marginalization or disempowerment of certain groups. Whether outdated or biased, past decisions continue to shape future decisions until societal changes prompt a judicial body to overturn the precedent.

This system makes it difficult for marginalized parties to obtain favorable decisions until popular thought or civil law changes the interpretation of the common law. Nineteenth and early twentieth century feminists who fought for women’s rights often faced such difficulties. For example, in England, common law, until the 1970s, stipulated that when couples divorced, fathers, rather than mothers, were entitled to custody of children, a prejudice that prevented women from marrying.

Common Law Example

From time to time, the common law has provided the basis for the drafting of new laws. For example, the UK has long had a common law offense of “contempt of morality”. Over the past decade, authorities have used this old common law to pursue a new intrusive activity called upskirting: the practice of inserting a camera between a person’s legs, without their consent or without their knowledge, to take a photo or video of their private parts. for the purposes of sexual gratification, humiliation or distress.

In February 2019, the UK Parliament passed the Voyeurism (Offenses) Act which officially makes upskirting a felony, punishable by up to two years in prison and the possibility of registering a person convicted on the sex offender registry.

Common Law FAQs

What is a simple common law definition?

Common law is a collection of unwritten laws based on legal precedents established by the courts.

Is the common law still used today?

Today, the United States operates under a dual system of common law and civil law. Courts, for example, operate under the common law.

What is an example of common law?

The concept of de facto marriage, which recognizes rights similar to those who have a marriage license to couples who are not officially married if several conditions are met, is an example of common law in action today.

Why is the common law important?

The common law emphasizes precedents while leaving a certain freedom of interpretation. The value of a common law system is that the law can be adapted to situations that were not contemplated at the time by the legislature.

What is British common law?

American common law originated in medieval England, however, today the United States and the United Kingdom operate under a dual system of common law and civil law.

The bottom line

Although the common law is derived from its original appearance in medieval England, it is still very much in force in the United States and elsewhere today. As the evolution of technology and its presence in our lives continue to grow, the ability of the common law to leave the legal code open for interpretation will become increasingly important.

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Colorado updates definition of common-law marriage to include LGBTQ + couples – JURIST – News https://prosecutebushcheney.org/colorado-updates-definition-of-common-law-marriage-to-include-lgbtq-couples-jurist-news/ https://prosecutebushcheney.org/colorado-updates-definition-of-common-law-marriage-to-include-lgbtq-couples-jurist-news/#respond Tue, 12 Jan 2021 08:00:00 +0000 https://prosecutebushcheney.org/colorado-updates-definition-of-common-law-marriage-to-include-lgbtq-couples-jurist-news/ [ad_1] The Colorado Supreme Court updated the definition of common-law marriage to include LGBTQ + people with three rulings released on Monday. The decisions also retroactively recognize same-sex common-law relationships entered into prior to the Obergefell v. Hodges from 2015. Common-law marriages are relationships that resemble marriage but lack official documents to verify this union. […]]]>


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The Colorado Supreme Court updated the definition of common-law marriage to include LGBTQ + people with three rulings released on Monday. The decisions also retroactively recognize same-sex common-law relationships entered into prior to the Obergefell v. Hodges from 2015.

Common-law marriages are relationships that resemble marriage but lack official documents to verify this union. The existence of a de facto marriage depends on the “mutual consent (…) of a couple to enter into the legal and social institution of marriage, followed by conduct demonstrating this mutual agreement”.

Colorado courts previously used a list of factors called the Lucero Test to judge whether a couple’s conduct meant a common-law marriage. These factors included cohabitation, joint bank accounts and “the use of the man’s last name by the woman or by the children born to the parties”.

Judge Monica Márquez explained that “the sex-differentiated terms and heteronormative assumptions of the Lucero test make it poorly suited for same-sex couples.” She also recognized that customs traditionally associated with marriage “have become less reliable indicators of a marital relationship.” More unmarried couples are living together than before and fewer people are taking their partner’s last name, Marquez noted.

Monday’s decisions replaced reliance on those factors. Under the new criterion, the most important determinant of a common-law marriage is the couple’s agreement to the existence of a marriage. If the couple disagree, their conduct is used to fill in the gaps. But the deciding factors will no longer make or break the existence of a marriage.

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