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3 right wing radio freaks said Michael Schiavo is common law married!

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Floogeldy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-30-05 02:16 AM
Original message
3 right wing radio freaks said Michael Schiavo is common law married!
I heard Bob Gibson, Sean Hannity, and I can't remember the other one, say that Michael should no longer be the guardian for Terri because he is no longer her husband. He is now common law married to the woman with whom he has had children.

OH PLEASE, YOU FUCKING MORONS!

Besides the fact that Florida does not acknowledge common law marriages, even states that do recognize them do not allow common law marriages to ripen while one of the parties is still married to another person. That would be bigamy or polygamy by operation of state law. THIS ISN'T ROCKET SCIENCE.

They'll say anything.
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NYC Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-30-05 02:24 AM
Response to Original message
1. Most people seem uninformed about
common law marriages. I think New York State did away with them in 1939, but people think they still exist.
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Floogeldy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-30-05 02:27 AM
Response to Reply #1
2. They still exist in Oklahoma
The issue is a real hoot at trial in divorce court.

B-)
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Erika Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-30-05 02:28 AM
Response to Reply #1
3.  A legal divorce granted by the state voids the marriage contract
You cannot have a common law wife nor have bigamy in play
if you don't ask the court for marital rights.
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Erika Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-30-05 02:31 AM
Response to Reply #3
4. I am shocked at the ignorance of some
I would suggest a one semester course in basic law might get rid of so many of these off the wall posts.
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Floogeldy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-30-05 02:32 AM
Response to Reply #4
5. Are you saying my post is off the wall?
?
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Erika Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-30-05 02:38 AM
Response to Reply #5
6. Not at all
What I am saying is that marriage laws are complex. You cannot be legally married to one and be declared in a common law marriage with another. Let me know if I'm wrong.
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Floogeldy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-30-05 02:39 AM
Response to Reply #6
7. I agree with you totally!
I didn't know if you were taking issue with me or not. My bad.

B-)
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Erika Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-30-05 02:45 AM
Response to Reply #7
8. Good
I was not taking issue with you. I don't know how the right wingers spew their idiocy and are never questioned about it.
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Ken Burch Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-30-05 02:58 AM
Response to Reply #8
9. They are really scraping the bottom of the bedpan
with that "common law" thing.

Pray for Terry's family, for Michael, for Terry's soul and for a pestilence on those bastards who have made this into a political freak show.
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crimson333 Donating Member (760 posts) Send PM | Profile | Ignore Wed Mar-30-05 05:02 AM
Response to Reply #1
13. they still exsist in Alabama
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Clark2008 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-30-05 03:01 AM
Response to Original message
10. Well, they can get over their bad selves because common law
marriages, within the state of Florida, are not recognized.

CAN A COUPLE BECOME LEGALLY MARRIED BY LIVING TOGETHER AS MAN AND WIFE UNDER FLORIDA’S LAWS?

No



http://family-law.freeadvice.com/fl_common_law_marriage.htm
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Selteri Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-30-05 03:31 AM
Response to Original message
11. By their definition then...
there have to be a shitload of common law couples who are going to college all over the country right now that don't even know it!

The first step of common law requires that both parties represent themselves as a married or engaged couple and live in a fashion consistant with marriage.

The definitions then begin to vary.
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Jack_DeLeon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-30-05 04:35 AM
Response to Original message
12. Common Law Marriage still exist in Texas...
I personally have no problems with common law marriages or people who's marriages are common law marriages.

IMO I think it would be stupid to say that the only way a marriage exists is if you get a piece of paper from the government that says you are married.

However I dont think its possible to be in a common law marriage if you are already in a legal government endorsed marriage.
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