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Thread: Definition of Marriage

  1. #131
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    Quote Originally Posted by Ian Jeffrey View Post
    What I am saying is that the marriage does not exist until legal conditions for a marriage are met. For example, in a petition for dissolution the date of marriage is the date the parties met those legal requirements, not the date they decided they were married (unless, of course, those dates are identical).
    You are going to irrelevant legalistic extremes. To marry and found a family are natural rights. Natural rights, by definition, do not come from the law.
    Last edited by kingrat; 24th January 2018 at 10:49 PM.

  2. #132
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    Quote Originally Posted by Ian Jeffrey View Post
    Yes, the decree is based on facts. But the marriage is not dissolved until the decree is signed by the court. It is not dissolved based on when the parties decide to call themselves divorced. And no, the fact of not living together is not a ground for divorce.
    But the fact that the spouses are not living together as husband and wife is.

    Quote Originally Posted by Ian Jeffrey View Post
    Well, in a no-fault state - and all states have a form of no-fault divorce - if one party wants the divorce, he/she will get it. But there is no such thing as a marriage being "moot" as a matter of law; the parties are not divorced until the court says so.
    Of course. But a marriage, in its entirety, is not a matter of law.

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