Should the Military honor Common Law Marriages?

Why or Why not?

For those who do not know what Common law Marriages are:

In a handful of states (listed below), heterosexual couples can become legally married without a license or ceremony. This type of marriage is called a common law marriage. Contrary to popular belief, a common law marriage is not created when two people simply live together for a certain number of years. In order to have a valid common law marriage, the couple must do all of the following:

* 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 but no time frame.

When a common law marriage exists, the spouses receive the same legal treatment given to formally married couples, including the requirement that they go through a legal divorce to end the marriage.

NO. I don't agree with common law marriage....

:imwaiting but WHY ellen? Give details :poking

I'm torn because I always said I don't think common law marriages should exist because if a couple wanted to be married, then they would do it ESPECIALLY in the military with all of our SO's going to war and being in a dangerous environment so often. BUT, when a washington redskins football player died, he was LIVING with his fiance' and they had a daughter, they daughter was two or so, so it was OBVIOUS the couple wanted to be married, they were engaged and everyone knew it. SO, I started thinking how it sucks to be that fiance' because she "IS" a wife, she has a child for this football player, and she was PLANNING a wedding, but he was killed! Now, she couldn't even plan this guy's funeral, and she's probably not going to get everything that's entitled to her because she wasn't his wife! SOOO, I'm torn!

i don't believe in common law marriage. it's stupid. :lol
if you want to get married, get married. it IS possible to have a ceremony in your friends backyard with a minister / JOP and do it pot-luck style. all you have to pay for is the minister and dress.

IMO, people who believe common-law marriages are as valid as a "real" marriage don't believe in the sanctity of marriage. but then again, who does anymore. :dunno

I don't because there is no across the board rules for it. It varies state to state. How can the military honor something that might not translate from one state to another?

I'm on the fence. I'm inclined to say that if the state recognise it then the military should too. On the other hand, it could so easy enable exploitation of the benefits offered by the military, depending on what the critera regarding a commonlaw marriage are.

I think the issue is not about fiancee's because per the regulations the OP posted, a fiancee is not covered by the common law marriage because they wouldn't be refering to each other as husband and wife, and wouldn't be using the same last name. Do I think fiancee's should be extended the same benefits as spouses? Yes. But I think that would be a very difficult thing to regulate. I mean, who can prove that they're engaged? Equally, girl friends could say they were secretly engaged, etc. Maybe there could be something they register with the military that they are engaged to be married and assuming they did that, the fiancee would be treated as if she were a spouse. I think that would prevent some of the very fast weddings because the military guy is going deployed or whatever.

regarding common law marriage - no I don't think it should be recognized. If you are calling each other husband and wife and using the same last name, you should just go to the JOP and get married legally. You don't have to have a religious wedding, it can be just a legal contract.

I'm really on the fence on this.
I'll have to think more on this.

No because it ends up getting too complicated. Not every state recognizes common law marriages, CA is one of those states. I think it starts getting too gray when say you live in [enter common law state here] but still claim being a permanent resident of CA. It becomes a "where to draw the line" kind of situation and leaves too many loopholes.

No because it ends up getting too complicated. Not every state recognizes common law marriages, CA is one of those states. I think it starts getting too gray when say you live in [enter common law state here] but still claim being a permanent resident of CA. It becomes a "where to draw the line" kind of situation and leaves too many loopholes.

I agree with this.

If one of the requirements of a commonlaw marriage is the intent to get married, why don't they just go ahead and do it?

I agree with this.

If one of the requirements of a commonlaw marriage is the intent to get married, why don't they just go ahead and do it?

I agree with what you agree with. :giggle

I agree with what you agree with. :giggle

:lol

I agree with what you agree with. :giggle

I agree with what she agrees for agreeing with what I agree with.

I agree with what she agrees for agreeing with what I agree with.
I concur :rofl

I don't think they miliatary should honor them because they don't transfer from state to state like a legal marriage does with the certificate. And in the military you are going to be moving a lot.

As for common law marriage, I know here in Texas my sister was common lawed with her ex, she was able to be on his insurance which was really good since she had a bad back problem. She wasn't she see wanted to marry him because she wasn't she he was ready. After 4 years of being commonlawed they married, it took 2 weeks for him to decide he didn't want to be legally married and wanted a divorce, but still wanted to be together... so yeah. I think they work for people who aren't ready for commitment...

BUT, with "intent to get married, and no date, or timeline", that's just crazy. If they REALLY had "Intent to get married", they wouldn't wait so long, they would be really married already. SO, how long do you have to live together before the common law marriage would go into action?

I thought most states did away with this anyways?!

I know in Canada CLM are accepted in the military. I have a friend (lives in canada) who has been with her man for over 10 years and they just don't want to get married but they are CLM. It's what floats their boat.

BUT at the same time I don't agree with it mainly because the viewpoint on it differs greatly from state to state. That part is what would cause huge problems for a couple if they were stationed in lets say VA that "may" accept it but then get stationed in CA who "may" not. Where would that leave the couple? :puzz

I just don't know. I don't think couples should have to get married to be viewed as a couple that is serious and deserves to share benefits, living together, etc but at the same time I personally do not get why they don't just get married. :shrug