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Author Topic: Religious marriages in North Carolina  (Read 1449 times)

sailor

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Religious marriages in North Carolina
« on: December 12, 2011, 08:56:35 pm »
Interesting case out of North Carolina.

http://volokh.com/2011/12/12/improperly-performed-religious-marriage-religious-divorce-re-marriage-bigamy/#more-53544

Couple had a religious only marriage ceremony and then divorced in accordance with the same religious laws.  No govt marriage, no govt divorce.

The woman got a civil marriage to another man some time later, followed by a civil divorce.  The civil marriage husband sued to have the civil marriage voided on the basis of her still being married via the religious one.

RandallS

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Re: Religious marriages in North Carolina
« Reply #1 on: December 13, 2011, 08:10:44 am »
Quote from: sailor;34489
Couple had a religious only marriage ceremony and then divorced in accordance with the same religious laws.  No govt marriage, no govt divorce.

The woman got a civil marriage to another man some time later, followed by a civil divorce.  The civil marriage husband sued to have the civil marriage voided on the basis of her still being married via the religious one.

Sounds like an interesting case.
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sailor

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Re: Religious marriages in North Carolina
« Reply #2 on: December 13, 2011, 08:27:41 am »
Quote from: RandallS;34530
Sounds like an interesting case.

 
One of the commentators asked what would happen if a same-sex couple got a church marriage in NC, and then sued using this case as precedent.  

Also raises questions about pagan hand fastings. Are they marriages? engagements?

mandrina

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Re: Religious marriages in North Carolina
« Reply #3 on: December 13, 2011, 12:27:51 pm »
Quote from: sailor;34534
One of the commentators asked what would happen if a same-sex couple got a church marriage in NC, and then sued using this case as precedent.  

Also raises questions about pagan hand fastings. Are they marriages? engagements?

 

want my opinion?  if they don't get the government papers, it's ain't legal and people are only liable for child support, unless they lived together long enough for the common-law business to kick in, or sue as roomies.  Now, I know this is a problem then for people who can't legally marry or civil union, but it's just one we have to deal with it.  

End of thing, the guy can't sue for divorce if she's married to someone else in  a religious ceremony only.  Of course, you can't file your taxes under married filing jointly or seperately if it's a religious ceremony only either and all the goodies that come with the legal papers will still cost you tons of money.
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Asch

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Re: Religious marriages in North Carolina
« Reply #4 on: December 13, 2011, 01:54:25 pm »
Quote from: mandrina;34553
want my opinion?  if they don't get the government papers, it's ain't legal and people are only liable for child support, unless they lived together long enough for the common-law business to kick in, or sue as roomies.  Now, I know this is a problem then for people who can't legally marry or civil union, but it's just one we have to deal with it.  

End of thing, the guy can't sue for divorce if she's married to someone else in  a religious ceremony only.  Of course, you can't file your taxes under married filing jointly or seperately if it's a religious ceremony only either and all the goodies that come with the legal papers will still cost you tons of money.

 
This. While it's an interesting case fact is legally speaking civil is civil and non-civil is, well, not. I imagine TPTB will dismiss the case or rule in favor of the civil marriage standing as legal since the other is non-existent as far as the law goes.

HeartShadow

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Re: Religious marriages in North Carolina
« Reply #5 on: December 13, 2011, 02:20:30 pm »
Quote from: Asch;34574
This. While it's an interesting case fact is legally speaking civil is civil and non-civil is, well, not. I imagine TPTB will dismiss the case or rule in favor of the civil marriage standing as legal since the other is non-existent as far as the law goes.

 
The amount of crazy that would ensue if they choose otherwise is downright /terrifying/ - LOTS of people do a religious ceremony without a civil for various reasons.  Often people who are homosexual, but also the elderly who literally cannot afford to lose their deceased spouse's pension.  Can you imagine if all those companies sued for that money back?

mandrina

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Re: Religious marriages in North Carolina
« Reply #6 on: December 13, 2011, 02:31:37 pm »
Quote from: HeartShadow;34577
The amount of crazy that would ensue if they choose otherwise is downright /terrifying/ - LOTS of people do a religious ceremony without a civil for various reasons.  Often people who are homosexual, but also the elderly who literally cannot afford to lose their deceased spouse's pension.  Can you imagine if all those companies sued for that money back?

 

not to  mention those attempting to avoid the charge of bigamy.  But usually, if the 'spouses' aren't adults, there are better charges than bigamy to get them on.
Katrina

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