See, this is what I tried to tell my cousin who got common law married. But I swear that she just walked away from her husband, and never did any paperwork to end the partnership. Since she "only" presented herself as married and lived together to get into the marriage, she figured presenting herself as single and moving out would end it. *But* I can't say if they were ever organised enough to file taxes properly. That might be the out.
Dawn ,'Selfless'
Spike's Bitches 44: It's about the rules having changed.
[NAFDA] Spike-centric discussion. Lusty, lewd (only occasionally crude), risqué (and frisqué), bawdy (Oh, lawdy!), flirty ('cuz we're purty), raunchy talk inside. Caveat lector.
one of my friends refered to Matt as my Spice before we were married. I like that one
Lie to me
I rewatch that one a lot
We used to have it(not me, but Arizona) What changed?
Common law marriage is recognized only in the following states:
Are you sure about DC? When I was working with the grand jury when I was clerking, we had a spousal privilege issue and determined that the district didn't recognize it. Of course, this was 10 years ago, so it may have changed.
Vortex--while I'm getting clarification about all sorts of things, can you answer me something about spousal privilege? Is it that a spouse cannot testify, or that you can't force a spouse to testify?
You cannot force the spouse to testify. Also, I don't think that they can testify if the spouse on trial objects.
I don't think that they can testify if the spouse on trial objects.
Which, really, if you're guilty and you told your spouse something to that effect, wouldn't you?
That rule never made sense to me. I can see not being able to force them, if we want to esteem the bond of marriage over the rest of law (dubious, but whatever), but making it so that it's not *my* choice to testify if the man I married turns out to be a mass murderer? That's so not fair.
The privilege belongs to the person that is on trial. Just like the psychiatrist can't testify to crimes that you may have confessed in session, the spouse can't testify to marriage pillow talk.
See, in doctor patient privilege, I get that. There's a dichotomy there--hell it's part and parcel for me why you don't schtup your doctor--to maintain that remove. I get most of the things they do to protect the accused lawyer/client, priest/supplicant, doctor/patient but they all have two different roles. So it parses out to me that the wife can't testify against her husband. Very few shows seem to play it so that it ever comes up that it's a matter of the husband testifying, and it just reinforces a hierarchy in the relationship.
Marriage pillow talk of "I made purses out of their genitalia and sold them for thousands of dollars back to their mothers." deserves no privilege I don't want to give it. I would like to have the right to run screaming very loudly away.
I would like to have the right to run screaming very loudly away.
you may, and you can even talk about it in your divorce proceeding, because the privilege only applies to criminal cases.