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      Get Smart on the Web   09/16/2016

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Guest Kelly

Moving states

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We were married 3 years ago in CO (legal), but I have been offered a great job in OR (illegal). What does this mean? Will we still be married with all our civil rights and benefits or will our marriage be voided?

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I would think that you will be just fine.  BECAUSE~~ you married in  a state where it was legal.

I do not know the laws of Oregon, but if they were to have a clause in there that stated it was illegal

to skirt their law by going to another state where it was legal to get married and then move back, that

would be a problem. 

However because you were married before going there, I think you would be going as a married couple

not as cousins. Not sure I have made much sense.  I feel sure Hawk will be around later and he is really good

with this stuff.  Of course his first disclaimer will be that "WE DO NOT GIVE LEGAL ADVICE HERE".

I do think if it is a good opportunity for the two of you then grab it and go for it. I do

understand your hesitancy as i would do the same.

Good luck.

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regardless of the laws of oregon (and i don't really feel like looking them up right now), romalee is right. your marriage is legal. there is no state in the country that is going to say it's null and void, because it is valid under the laws of the state where you made your vows.

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Somebody rang????

I appreciate the vote of confidence, and the standard disclaimer having already been given. I must say that Colorado Married and Boss (KC) are probably a little better at snooping the intricacies of the law out than I am. At least they have access to better databases it seems. At any rate, I agree with the ladies. Here, you will find what we have on the site regarding your situation: http://www.cousincouples.com/info/statelaws.htm#OR . I can tell you this is in no way ALL of the Oregon Marriage Act, or whatever it is called there. It is only the most relevant part to us in general. As you can see, you are correct in that you wouldn't have been able to marry there. But, you didn't get married there, and you didn't leave there specifically to skirt the law. You were legally married in the state which you are (or if you move, WERE) domiciled at the time.

While the law says it is a "void" marriage, that is specifically to that State. Whether or not a judge would apply it more generally to include your situation would remain to be seen. By just the wording we have here, the Court very well COULD determine you have a "void" marriage. However, for such an action to be brought, it would have to be brought by either of the two of you, OR an heir to your individual or collective estates. Your new boss can't get upset with you, and stir that kettle. Nosy new neighbors don't have standing to raise the issue. It would have to be someone with "standing," or in laymen's terms, "a dog in that fight."

Also notable, as you can see, is the fact that your physical intimacy is NOT considered criminal incest.

Here's what I would do if I were you, Kelly. I would accept this great opportunity in Oregon, move, and just keep a low profile with the facts about your actual blood relation. The fact that you are now man and wife trumps that relationship anyhow. This extraneous information would be given on a "need to know" basis only. In my opinion, the only person who would have a need to know would be a pediatrician, should you get there and at some point find yourself in a "motherly way." (Or, since you didn't mention it, if you already have a child or children together.) You would ask him if you may speak candidly and in confidence. You would explain the situation, and that since there is no CRIMINAL issue that he (or she) could possibly be compelled to report, you feel the need to give full disclosure. Other than that, I would keep it zipped, and enjoy the fruits of your new life, and great new job. In other words, go ahead and move, and don't loose any sleep over this aspect of your situation. Should an issue arise, come on back here, spell it out, and we'll point you in the right direction as to how to resolve it. Actually, stick around, and keep us posted. Similar situations to yours have arisen on occasion, and to have someone such as yourself who can report on how you deal with it could be enlightening for the Admins, Mods, and all members who have the potential to face this issue.

Good Luck, and godspeed M'Dear......

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Well, to reiterate what others have said, none of us are lawyers so we can't give any legal advice.  With that said, the Oregon law, like many other states, does have a void clause.  However, unlike most of those states, it applies only to marriages solemnized within Oregon. Being legally married and then moving to Oregon, it is highly unlikely that anyone would challenge your marriage in the first place and even less likely that it would be found void (I consider zero chance).

Best wishes, 

CM

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Having similar questions as we are to be married in my home state of CA and living in his home state of WA.  In order to obtain a confidential marriage license, I obtained my WA state ID to show we were living together (a stipulation for such a license). So it would appear we fled WA to make our marriage legal. I've been told to look into a domestic partnership in WA to cover our bases. Kind of thinking this would out us, and maybe we should just stick to the 'lay low' strategy.

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