# They were never legally married



## whowouldhavethought (Jun 15, 2013)

Don’t know if this belongs here, but this is a good example of nailing down all the details first.

A couple of years ago I was help a friend handle his planned divorce. He knew it was going to be contentious. I asked him where they got married. Turned out it was by the Captain of a foreign cruise ship while in international waters. That was it. No later ceremony on land with a marriage license.

Being married by a cruise ship captain is not a valid marriage. (We verified this with a local divorce lawyer.)And common law marriage did not apply.

Because there was no legal marriage, his “roommate” had no claim on his business. He immediately filed amended tax returns and filed as a single man claiming the children as his dependents. He ended up getting a healthy refund.


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## Mybabysgotit (Jul 1, 2019)

whowouldhavethought said:


> Don’t know if this belongs here, but this is a good example of nailing down all the details first.
> 
> A couple of years ago I was help a friend handle his planned divorce. He knew it was going to be contentious. I asked him where they got married. Turned out it was by the Captain of a foreign cruise ship while in international waters. That was it. No later ceremony on land with a marriage license.
> 
> ...


If they had kids together, and cohabitated, it won't matter if they are married or not, at least here in the US. It's a common law marriage, same asset split.


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## Rob_1 (Sep 8, 2017)

Mybabysgotit said:


> If they had kids together, and cohabitated, it won't matter if they are married or not, at least here in the US. It's a common law marriage, same asset split.


I don't how they differ but Louisiana is not based on the US common law, rather is based on the french civil code.


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## Ragnar Ragnasson (Mar 4, 2018)

OP, it's like happy birthday for the friend!


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## MJJEAN (Jun 26, 2015)

Mybabysgotit said:


> If they had kids together, and cohabitated, it won't matter if they are married or not, at least here in the US. It's a common law marriage, same asset split.


In the US not many states still recognize Common Law marriage at all and a few of those states to do recognize Common Law Marriage only recognize for the purposes of inheritance and the Common Law Marriage was entered into before a certain date.


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## Mybabysgotit (Jul 1, 2019)

MJJEAN said:


> In the US not many states still recognize Common Law marriage at all and a few of those states to do recognize Common Law Marriage only recognize for the purposes of inheritance and the Common Law Marriage was entered into before a certain date.


I sure wish you were there to tell the judge that when he gave my ex alimony, child support, assets, etc, and we were never married. He said we had a common law marriage, I didn't even know what that was at the time. Also, tell that to my neighbor when he went to jail on domestic violence charge with his girlfriend and child he was living with. It would have been an assault charge should they have not cited they had a common law marriage.


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## MJJEAN (Jun 26, 2015)

Mybabysgotit said:


> I sure wish you were there to tell the judge that when he gave my ex alimony, child support, assets, etc, and we were never married. He said we had a common law marriage, I didn't even know what that was at the time. Also, tell that to my neighbor when he went to jail on domestic violence charge with his girlfriend and child he was living with. It would have been an assault charge should they have not cited they had a common law marriage.


So, you live in a Common Law state. Sorry bout that. Only 9 states still recognize Common Law, at all, and you're unlucky enough to live in one of them. But you must understand that in the few states that still recognize Common Law it's generally not something one does accidentally. 

For example, in all 9 states that recognize Common Law, both people have to be free to marry, _consent to be Common Law married_, live together, and hold themselves as married publicly. Easy as hell to avoid. Simply don't play married in public. Maintain the title "partner" or BF/GF and don't refer to each other as spouses among friends and co-workers. In most states additional paperwork is required such as joint tax returns filed as married, sharing a last name, etc.


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## Mr. Nail (Apr 26, 2011)

*States with Common Law Marriage*

Colorado.
Iowa.
Kansas.
Montana.
New Hampshire.
Texas.
Utah.


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## Mybabysgotit (Jul 1, 2019)

MJJEAN said:


> So, you live in a Common Law state. Sorry bout that. Only 9 states still recognize Common Law, at all, and you're unlucky enough to live in one of them. But you must understand that in the few states that still recognize Common Law it's generally not something one does accidentally.
> 
> For example, in all 9 states that recognize Common Law, both people have to be free to marry, _consent to be Common Law married_, live together, and hold themselves as married publicly. Easy as hell to avoid. Simply don't play married in public. Maintain the title "partner" or BF/GF and don't refer to each other as spouses among friends and co-workers. In most states additional paperwork is required such as joint tax returns filed as married, sharing a last name, etc.


that's not how it works in California. If you have a baby with someone and you live with them, it's a common law marriage. At least that was the parameters I was told by the courts.


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## MJJEAN (Jun 26, 2015)

Mybabysgotit said:


> that's not how it works in California. If you have a baby with someone and you live with them, it's a common law marriage. At least that was the parameters I was told by the courts.


Checked out of curiosity as I haven't seen Cali on the Common Law marriage states list. California doesn't recognize Common Law marriage. At least, not anymore. And they havent since 1895. They do, however, recognize cohabitation agreements and domestic partnerships.


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