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References in periodicals archive ?
709, 779 (1996) (advocating for common law marriage on the basis that "it protects the interests of women, especially poor women and women of color").
First, the inclusion of common law marriages within the
1962) (established that a common law marriage existed between husband and wife after wife's death, and allowed for the husband to claim benefits).
45) Duval's daughters appealed to the South Dakota Supreme Court, arguing that a South Dakota domicile prevented Duval and Hargrave from creating a common law marriage in either Mexico or Oklahoma, that Mexican concubinage is not recognized as a valid marriage in South Dakota, and that Hargrave and Duval did not have a common law marriage in Oklahoma.
Respondents indicated that not only did common law marriage leave common law wives at the mercy of their partners, but also children of these unions sometimes lacked any rights to ask for land because their fathers refused to recognize them.
In Utah, if you're common law marriage you're the same as if you were married by ceremony.
13) Applying this rule, New York courts have recognized the following types of marriages then or now not permitted in New York: marriages of divorced adulterers and new spouses, (14) incestuous relationships, (15) common law marriages, (16) proxy marriages, (17) and marriages where the wife was as young as fifteen.
A common law marriage is considered the same as any other marriage, and must be terminated by divorce.
40) The corresponding regulation goes further, finding the term to mean "a husband or wife as defined or recognized under state law for purposes of marriage in the State where the employee resides, including common law marriage in States where it is recognized.
Esseks noted that because most states do not recognize common law marriage, "there is a relatively small number of states where this could even happen.