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Stevey1991

How does the government know?

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Hey just a silly question how would the state or any government know that you and your spouse were cousins?  Baring you were under some investigation   

Not suggesting doing things agains the law but just curious.  

Thanks,

Stevey 

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A spiteful in-law or whomever or a good 'ol frienemy. Otherwise, they would never know. A prosecutor would have to prove every element of the so-called crime and that would be tough, providing that you didn't confess/admit to anything. For example they may have to prove that you were in state when you married, or that you actually have sex in their great state. First, they have to prove that you are cousins which could even be tough. I can't see a conviction making it through the appeals process for constitutional reasons.

Never answer questions from a cop, instead inform them that your attorney would be glad to speak with them but you refuse to make any statement at all. Only fools go down to the station to answer a few questions. This applies to all circumstances, not just dubious marriages.

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11 hours ago, KC said:

A spiteful in-law or whomever or a good 'ol frienemy. Otherwise, they would never know. A prosecutor would have to prove every element of the so-called crime and that would be tough, providing that you didn't confess/admit to anything. For example they may have to prove that you were in state when you married, or that you actually have sex in their great state. First, they have to prove that you are cousins which could even be tough. I can't see a conviction making it through the appeals process for constitutional reasons.

Never answer questions from a cop, instead inform them that your attorney would be glad to speak with them but you refuse to make any statement at all. Only fools go down to the station to answer a few questions. This applies to all circumstances, not just dubious marriages.

KC,

In other words the burden of proof is on their end to prove that you guys are cousins....it is not on you to prove that you are not.

However, this applies KC if for example you are an "ordinary citizen", a person working in McDonald or whatever. You know what I mean? But if you are going to be a government official, or campaign on this or that...or be somebody where there will be lots of eyes looking at you, then it might be tricky. If you got lots of frenemies, then they will rat you out or spread rumours. They might dig out your surnames or check the registry or whatever... Some people are just plain evil.. Oh well..

 

Pooch

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If you are applying for a marriage license, some states have a question about kinship on the application. If you lied, I imagine there would be legal ways to argue that the marriage is invalid. This was my concern with myself and my cousin/husband when we got married. Ohio (where we live) doesn't allow marriages between first cousins, but they accept marriages from other states as valid, so we got married in Tennessee, where first cousin marriage is legal.

Of course, it would only matter if someone had the motivation to argue in a court of law that a marriage was invalid, but to me that wouldn't be a chance worth taking, no matter how remote. 

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I just wanted to make this very clear: capitulate or surrender your constitutional rights at your own peril. 

I watched a trial at the local courthouse where a guy was fighting a DUI. When the cop pulled him over, the guy stopped, rolled down his window and stuck both hands out the window, as if to say "put some cuffs on my wrists!" His trial was going very good until the cop told this little story. So, never let them put words in you mouth and remain poker-faced while firmly declining questioning or any kind of search without a warrant. Contrary to popular belief, you can also remain friendly and pleasant during an interaction with a cop. I suggest that you do! A little respect goes a long way, of course.

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