Hello, I'm a newbie to this site but am somewhat familiar with the info presented. I'm currently involved in the preliminary stages of a divorce proceeding with a child. The mother has made all the usual allegations; domestic abuse, chemical depedency, etc. and I am being forced to go through the hoops. Some questions and advice if possible.
1. Is it possible to revoke my marriage application at this stage in the game thereby extricating the state as the third party and challenging the jurisdiction for failure to state a claim?
2. If so, can I revoke my marriage application while I am still a U.S. Citizen and still have a social insecurity number?
My strategy is thus; If I can eliminate the state as a party to the contract, thereby eliminating their onerous statutes, I can get the judge/referee to judicially notice his oath whereas he will adhere to the state constitution, in the hope that I may be able to get a jury trial. Barring that, I would like to exclude any reports/conclusions from the domestic relations/chemical dependency people. My soon to be ex's attorney knows that I have no attachable assets and her client makes a meager wage. A jury trial would be a big incentive for her to settle on more favorable terms for me.
Any thoughts or suggestions would be greatly appreciated.
Last edited by weishaupt1776 : 11-22-2005 at 08:04 PM.
Attached is a copy of what I filed, and a word document for editing.
Whatever state you are in, the case law will need to be searched to find out what case admits that there are 3 parties to a marriage contract, and inserted in your state.
This is just what I did. If you wish to use this, you are welcome to it.
I don't know how it would work in your situation, since you are heading towards divorce, but you may get some ideas from it.
Henry i was married by a Justice of da Peace in Pa. Would that have any effect on me filing a document similar to yours.Did the state at anytime confirm that they were out of your marriage contract.I was considering getting divorced and remarried by a pastor who does not file licenses and record it in a family bible.I don't know if it is better to rescind the states as you have done due to the fact i want all remnants of any govt authority ss number, birth certificates,marriage licenses ect out of my life due to the things i am learning here and elsewhere. Any input would be greatly appreciated.
Henry i was married by a Justice of da Peace in Pa. Would that have any effect on me filing a document similar to yours.Did the state at anytime confirm that they were out of your marriage contract.I was considering getting divorced and remarried by a pastor who does not file licenses and record it in a family bible.I don't know if it is better to rescind the states as you have done due to the fact i want all remnants of any govt authority ss number, birth certificates,marriage licenses ect out of my life due to the things i am learning here and elsewhere. Any input would be greatly appreciated.
No. In North Carolina, the statute reads that a justice of the peace or an ordained minister [paraphrase] can perform the marriage. But first, there has to be a "license".
The state does not have to "confirm," as I didn't give them anything to confirm. I simply let them know that I knew about the fraud, and rescinded my signature (and my wife did the same) from any so-called "license." I then gave them public notice of it, by filing it at the same office that issued the "license."
If you can show me in the bible where a "pastor" has to marry you, I will support that. I know tradition implies that a pastor performs weddings, but there is no biblical authority for that.
Marriage is when a man leaves his father and mother and cleaves to his wife to become one flesh before God. The "State" or the "pastor" is irrelevant.
Thanks for your response.If we got unmarried i just felt biblically we would need a pastor for the wedding and to sign in the family bible as a witness.I was reading in the texas rules of evidence that a marriage would be considered legal if written in a family bible.
What specifically about a marriage license puts a married couple at a disadvantage, or how does it empower the state?
I need to know the pros and cons of obtaining a marriage license. More expressly, tell me what the changes are when I get one, different from a common-law marriage.
What specifically about a marriage license puts a married couple at a disadvantage, or how does it empower the state?
some states dont accept common law marriages now. at one time they all did, when you get a marriage license you agree to the rules of the state in that marriage. the state rules over the marriage.
common law marriage,...the state donsnt rule squat! but these days they try to get around that with stuff like PAL O MONY etc...best to do a prenup and cover all the ground you plan to step on. i have been workin on mine for over a year now its deep but the better to cover my ass with.
If you are in a state that recognizes common law marriage and your marriage qualifies as common law marriage then there is, henceforth, no legal difference between your marriage and one for which there was a licensed ceremony. It might surprise some people, but there is no "common law divorce" -- if a common law marriage is legally recognized, thereafter there must be a bona fide divorce decree before either party can marry someone else. Also, a common law marriage creates the same responsibilities: alimony, child support, inheritance rights, and susceptiblity to the domestic violence laws.
There was a case many years ago when a couple, living in a state that did not legally recognize common law marriage, found out they were married anyway .... because they had lived at one time as husband & wife in another state that did recognize common law marriage. Because their relationship was legally treated as a legal marriage in that state, under the full faith and credit clause of the US Constitution, their common law marriage was legally recognized in their second state.
This sort of thing can get interesting. There was a court case about the Veterans Administration widow's benefits for the "surviving lawful spouse" of a deceased vet who was some sort of serial bigamist. He'd go through a wedding ceremony, and after some time wander off, find another woman and go through a wedding with her, and again and again. He evidently left a trail of 8 or 9 "wives", most of whom didn't know about any of the others while he was alive. A common law wife might qualify as a widow, but not a bigamous wife. The court had to construct an elaborate chart of when each wife was married, with the dates that some wives bothered to get divorce decrees and the dates that one or two wives died, to show who was last one who was actually entitled to be married to him (something like Number 6 on the list). There were some on the list who never qualified because, during the entire time from the wedding to the wife getting a divorce decree by herself, he was still married to a previous wife.
Marriage license
