http://www.star-telegram.com/metro_news/story/265541.html
Please click the link and read, and then answer me this - if the other person is dead, how can they get a marriage licence?
My friend is the one commented on that she should "mind her own business", and I have comments at the end.
I would like opinions and any advice as to how to help my friend through this troubled time, and if it is legal to acquire a marriage license when the other person is dead!
2007-10-16 06:52:26 · 7 answers · asked by Done 6 in Politics & Government ➔ Law & Ethics
I know he didn't reapply in time, but now he is sueing so he can. I STILL don't think this is possible - is it?
2007-10-16 07:06:34 · update #1
Sorry - I am just at a loss here. My friend is downtown right now protesting his petition to acquire a marriage license.
My friend is so heartbroken over this - first because of the relationship she had with her mother, how she found out her mother was dead (Mother's day!! - her sister called to wish her a happy day), and now this guy.
What can I do to help her?
2007-10-16 07:09:45 · update #2
What can I do to help her at this point?
2007-10-16 09:51:10 · update #3
Here are the facts.
Mr. Toole conspired with Ms. Simon to defraud her ex husband. The quote was, "they had a common law marriage".
I say too bad for him. If he so wanted married, they should have done it earlier. Karma is an evil wheel and their theft of insurance benefits during life means no marriage after death either.
Let him whine.
2007-10-16 07:05:25 · answer #1 · answered by Gem 7 · 1⤊ 0⤋
Who said he wanted to marry a dead person?
It appears from the article that:
1 - They tried to get marriage license shortly before the woman died,
2 - Neither appeared in person to apply for the license and recently (a few years ago) that type of application was disallowed by law, apparently unknown to the happy couple.
3 - Before they could apply in person, she died
4 - They were married in a religious cermony before she died
5 - They were not married civilly since she died before a license could be attained.
I believe he wants a retroactive license, but not marriage, out of respect for his bride, and possibly out of guilt for not getting it done before she died. Those are noble and honorable thoughts.
As for the license being granted, the point is moot - it was rejected properly inthe first place, and now the bride is dead.
Without the license, you can't even ask the question of if there could be a posthumous marriage, which would not be possible civilly. He will have to live with his feelings.
My guess is they waited until the last minute in order to maximize the benefits each would have in insurance plus other benefits bestowed upon married couples by the State.
But in misunderstaning the rules and waiting so close to the end of her life, they gambled and lost. That is a calulated risk, and I bet they spent years waiting for just the right time.
It does seem he did the right thing by the daughters by sharing some inheritance with them even though they were not entitled in the will.
If anything else, this is a human interest story, not a deep legal matter.
I suggest what your friend needs more then a legal opinion - the case is clearly moot! - is a grief counselor to help him through his loss and feelings of guilt.
I wish him luck!
2007-10-16 07:30:22 · answer #2 · answered by Barry C 7 · 0⤊ 0⤋
In Ohio, both the bride and groom must apply in person and show their state ID to be issued a license - which must be completed within (I think) 30 days. The pastor should be able to make a statement or affidavit to the clerk of court about this matter and the performance of the marriage. Is this being pursued for monetary reasons? The woman is dead - the kids should respect their mother's wishes and the "husband" seems like he is either a gold digger preying on a terminally ill person or very bereaved if his intentions were on the up and up. He and the kids should be supportive of each other as they are all grieving and it was apparently their mother's intent to make them a family. How unfortunate and sad.
PS There is no common law marriage any more. It was thrown out years ago. It is not recognized in Ohio at all now.
2007-10-16 07:11:14 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It is not.
Tarrant County Clerk Suzanne Henderson's office refused to issue a marriage license through a proxy for Charles Toole and his wife, Beverly Simon, shortly before Simon died in April from a rare, aggressive form of adult leukemia.
They applied, they did not meet the condition required, they did not re-apply in time. Only chance would be if the Texas SC ruled that the initial application was valid and agreed to issue the license dated from the original date.
2007-10-16 06:57:56 · answer #4 · answered by wizjp 7 · 1⤊ 0⤋
I do not believe you can get a marriage license if the other person is dead.
2007-10-16 07:01:39 · answer #5 · answered by lahockeyg 5 · 2⤊ 0⤋
How can he marry someone that isnt there to answer, yes or no?? Thats ridiculous!!! Maybe she didnt want to marry him...after all, wouldnt she have done it when she was alive? Insurance or no... if I wanted to marry someone, I would.
2007-10-16 06:59:11 · answer #6 · answered by mcksimmy 2 · 1⤊ 0⤋
If they give her a licence is legal
2007-10-16 06:56:55 · answer #7 · answered by Anonymous · 0⤊ 1⤋