Dick Adams <rdadams[at]smart.net) wrote:
- quote -

Of course. I've seen them tripped up in court a few times
because an opposing attorney found them taking an
inconsistent position in a similar case when it was more to
their benefit.

- quote -

Right. But that can only apply to marriages entered into in
MN, or to marriages which the MN courts would determine
would have been invalid in the state in which they were
entered into.

A long time ago, in the Supreme Court case of LOUGHRAN v.
LOUGHRAN, 292 U.S. 216,(1934), it was argued that a marriage
was invalid in DC, which had a prohibition against anyone
marrying who had been divorced. The couple had been legally
married in Florida. The Court said,

"The mere statutory prohibition by the State of the domicile
either generally of the remarriage of a divorced person, or
of remarriage within a prescribed period after the entry of
the decree, is given only territorial effect. Such a statute
does not invalidate a marriage solemnized in another State
in conformity with the laws thereof." At 223.

That a marriage valid in one state is entitled to full faith
and credit in every other state is still good law. That's
the reason Congress thought it necessary to enact the
Defense of Marriage Act not long ago. They were afraid
that, without the law, if gay marriages were allowed in one
state that they would then have to be recognized in any
other state where the couple might travel.

- quote -

No question about that. But the court could, just as
easily, find the marriage valid.

From a very pragmatic standpoint it may have a lot to do
with whose benefit it would be in. In situations dealing
with marital issues courts often bend over backward to help
out the woman but often don't do the same for the guy. So
that could be a factor as well.

Stu

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"Stuart A. Bronstein" <spamtrap[at]lexregia.com> Dick Adams <rdadams[at]smart.net> wrote:
- quote -

The IRS would agree/disagree with you depending on which
which position is in their best interest.

- quote -

Refer to Minn. Stat. Ann. 517.01

- quote -

The timing of the "present-tense agreement" to be married is
lynch pin. Consider (A) has high-income and (B) has low income
and minor child(ren). A & B file joint return. Later (B) sues
for divorce. (A) says there was no present-tense agreement.
(B) argues filing the tax return and other incidental issues
show present-tense agreement existed.

IRS learns of this and audits tax return denying CLM existed.

Depending upon the jurisdiction, the divorce court may easily
toss the case out.

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Dick Adams <rdadams[at]smart.net> wrote:
- quote -

I've seen cases from common law states basically saying the
same thing about those passing through.

- quote -

Right. But holding out is often considered sufficient to
establish an agreement to be married.

- quote -

If they're valid in the forum state, the marriage is
entitled to full faith and credit.

- quote -

That would go to the issue of whether there was a common law
marriage in the first place. Once it's established (or
perhaps even when the parties agree it took place), I doubt
it could be voided so easily.

Stu

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"John H. Fisher" <TaxService[at]aol.com> wrote:

- quote -

Depending on state law, if the two of you ever vacationed in
one of the common law states, you may technically be married
under the laws of that state.

Stu

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"John H. Fisher" <TaxService[at]aol.com> wrote:

- quote -

Common Law Marriage has become a risky business.

A few States, New York is one, have recognized CLM's of
in-state residents as being created by behavior on
vacations.

Several States will recognize them if and only if a
present-tense agreement to be married occurred in a CLM
State. Which is not the same as holding out as husband
and wife.

A few States, Minnesota is one, considers CLM's to be null
and void.

While there is no such thing as a common law divorce, they
appear to be voidable by one party denying the existance of
the present-tense and the other party having no witnesses.

The IRS will recognize a CLM for tax purposes only which
means you've been had if you file a joint return and you
really aren't married. And the IRS has disputed CLM's when
it was to their advantage.

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New Jersey does not recognize Common Law Marriage unless it
had been consumated in another state. If you are genuinely
married, you have no LEGAL option other than to file as
Married Filing Jointly or Married Filing Separately. This is
so unless you do not live together and you have custody of
minor children (older if disabled or students under age 24)
or otherwise qualify to file as head-of-household.

States That Recognize Common Law Marriage

Alabama
Colorado
District of Columbia
Georgia (if created before 1/97)
Idaho (if created before 1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/91)
Oklahoma (if created before 11/1/98) although courts may decide
differently

Pennsylvania (if created before 9/03) - PRIOR TO THE CHANGE IN LAW, I
HAD MANY CLIENTS WHO BECAME MARRIED WHEN THEY FILED JOINT RETURNS

Rhode Island
South Carolina
Texas
Utah

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- quote -

The celebrant was quite prominent in the community
(Cincinnati), and was certainly recognized by the state.

I am not at all concerned about our marital status. Just
having a bit of fun with the post.

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Don, we never got a marriage license

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In which State was this religious ceremony performed?

Dick

We are in NJ.
Will IRS always ask for a copy of marriage certificate?
Or only in case of an audit?

Will they look at religious papers, or they don't care?
In short, is this as bad as say not reporting your income?
I'm just trying to weigh my options.

thank you to all who responded.

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- quote -

You obtained a marriage license and were married
"religiously". Sounds pretty official to me, unless your
religious celebrant went out of his way to not be recognized
by the state. But if that were true, why did you get a
marriage license?

--
Don EA in Upstate NY (previously from the Buckeye state)

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William Brenner wrote:

- quote -

Perhaps a bit of amplification is in order:

Prior to dropping out, we were married religiously in Ohio.
I have no recollection of doing anything official other than
obtaining a marriage license.

Maybe I should write a book entitled: "Forty Five Years Of
Living Happily In Sin While Filing Illegal Joint Tax
Returns".

Bill

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The honourable moderator opined, in part:

- quote -

OOPS!

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"di" <dbabits[at]hotmail.com> wrote

- quote -

The counties do not report to the federal government about
your wedding or divorce. Until you tell the IRS by filing
a joint return, then they'll know. Remember, they might ask
for a copy of the death certificate..........I mean the
mariage license.

As Dick pointed out, you may not be legally married until
the paperwork is completed.

--
Paul A. Thomas, CPA
Athens, Georgia
taxman at negia.net

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We have not formally registered, but had a religious wedding
and have a child. I would like to file as married, filling
jointly. Is that a problem? How serious? Penalties?

In general, how does the IRS know whether you are married or
not, does a county clerk notify them when you register?

Moderator:
As always, the answer is "It depends"! In this case it
depends on in which State you had the religious ceremony
and the actual qualifications of the person marrying. For
example: in PA and MD, you are married; in Illinois and
Ohio, you probably are not married. In North Carolina,
a minister must register with the State to marry couples.

Susan and I had a marriage ceremony in Bond Chapel on the
campus of the University of Chicago (Cook County) by a
Lake County Judge. When Susan told her mother, her mother
went into a fit. I kept motioning to Susan to say no more
cause I wanted her judgemental mother to go the whole nine
yards - the Judge had legally married us the day before in
his chambers.

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