Thursday, September 18, 2003

Pennsylvania court rules against common-law marriages.

A mid-level state appellate court in Pennsylvania has ruled that new common-law marriages would no longer be recognized in Pennsylvania (although existing Pennsylvania common-law marriages would continue to exist, as would common-law marriages established outside of Pennsylvania). The court's rationale is that the need for recognizing such extra-legal relationships no longer exists - we're no longer on the wild frontier, with no access to the court for a marriage license. The court also noted that claims of common-law marriages often appear in fraudulent and perjurious circumstances: "In hearings such as this, we have been struck by the tendency of litigants in these matters to view common law marriages as something rather like a legal raincoat they can put on and take off as changing circumstances dictate." The losing party has yet to decide whether to appeal to the Pennsylvania Supreme Court.

Wonder where the Donkers-Barnhill "marriage" is claimed to have taken place....

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