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floridablue Donating Member (996 posts) Send PM | Profile | Ignore Sun Jun-15-08 08:16 AM
Original message
Can a man and a woman
have a civil union without marriage?
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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-15-08 08:18 AM
Response to Original message
1. Absolutely. Sometimes it happens by doing nothing: Common-law marriage
Edited on Sun Jun-15-08 08:19 AM by PeaceNikki
http://en.wikipedia.org/wiki/Common-law_marriage

Common-law marriage (or common law marriage), sometimes called de facto marriage, informal marriage or marriage by habit and repute, is a form of interpersonal status which is legally recognized in some jurisdictions as a marriage even though no legally recognized marriage ceremony is performed or civil marriage contract is entered into. A common law marriage is legally binding in some jurisdictions but has no meaning in others. In some jurisdictions without true common law marriages (e.g. Hungary), the term "common law marriage" is used as a synonym for non-marital relationships such as domestic partnership or reciprocal beneficiaries relationship.

Common-law marriage can still be contracted in 11 states and the District of Columbia, can no longer be contracted in 26 states, and was never permitted in 13 states. The requirements for a common-law marriage to be validly contracted differ from state to state. Nevertheless, all states — including those that have abolished the contract of common-law marriage within their boundaries — recognize common-law marriages lawfully contracted in those jurisdictions that still permit it.

There is no such thing as "common-law divorce" — that is, you can't get out of a common-law marriage as easily as you can get into one. Only the contract of the marriage is irregular; everything else about the marriage is perfectly regular. People who marry per the old common law tradition must petition the appropriate court in their state for a dissolution of marriage.

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Uben Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-15-08 08:19 AM
Response to Original message
2. Yes
Edited on Sun Jun-15-08 08:22 AM by Uben
The wife and I got married by going to the courthouse and getting a license for informal marriage. It cost $25. No ceremony, no vows, just two signatures stating we had lived together as a couple for 6 months or more. This allowed us to be recognized by the government as a married couple, when in reality, we were never married.

We did it for the legal staus, taxes, etc.

The state is Texas.
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goddess40 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-15-08 08:20 AM
Response to Original message
3. I think they should be able to
I got married in the court house since I'm an atheist there was no other choice, I didn't know about the UU church back then.

Two consenting adults should be able to get hitched with a civil union in any court house and let marriage be a religious ceremony that people can opt for if they want. I'm all for letting the churches keep "marriage" theirs after all it's a word and if civil unions address all the legal issues who gives a rip what they call it.
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jody Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-15-08 08:29 AM
Response to Original message
4. The replies are interesting but is there a legal distinction between "civil union" and "marriage"?
If the answer is yes, then is "common-law marriage" a "marriage" and not a "civil union"?
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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-15-08 08:40 AM
Response to Reply #4
6. What's interesting is that the assumption of common-law marriage applies to hetero relationships.
So after living as a couple for x number of years, the law recognizes it as a marriage... but a gay couple can be together for many more years and get no recognition whatsoever.

Like many things about the lack of civil rights that apply to them, that makes me sad and angry.
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moose65 Donating Member (525 posts) Send PM | Profile | Ignore Sun Jun-15-08 08:37 AM
Response to Original message
5. I've wondered this as well
In Vermont, NH, Connecticut and NJ, are civil unions limited to gay couples only? If a straight couple were to get one, I assume it would not be recognized by the federal government for things like Social Security and tax purposes (just like gay civil unions aren't recognized by the Feds). So, that shows you that civil unions are NOT equal to marriage. Maybe in the eyes of the individual states, but NOT in terms of the federal government. Given the choice, I don't think many straight couples would opt for civil unions instead of marriage.
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