worleysgirl
11-21-2003, 11:20 AM
I have been doing a lot of research, and I can find nothing to help me. My love and I are planning on a wedding happening inside of the prison system, and technically in the eyes of the law, a marriage is not legal until consumated (I work for a lawyer, I do know that much), but most states do not "allow" conjugal visits. So how can I "legally" have the rights of a wife to an inmate, if the marriage is not "legally valid" if the state that we are in does not "allow" conjugal visits....AND.....is there a LAW AGAINST IT??????? Cuz if there isn't a law against it, then can they really deny this to us...the wife of the inmate?????????
samiam158
11-21-2003, 01:26 PM
um...i not an expert on this or anything but ...i think the not legal until consumated was strictley for getting annulments...if you consumate your marriage you have to get a divorce if not you can get an annulment...correct me if i am wrong...
samiam158
11-21-2003, 01:28 PM
ps...what does it mean if it was consumated before you were married...my hubby and i were married 3 days before we consumated our marriage..but the legal systems...like bills taxes...and so on don't ask if it has been consumated...ya know..i know your serious but i just had that thought..sorry..
Searcher
11-21-2003, 02:48 PM
If you get the license, have a state recognized officiant, legal number of witnesses sign the documents (and whatever else your state requires), then your married by law. There is no sex police going door to door to make sure people are having sex once thier married (if there was my ex wife would have been arrested years ago) You are refering to a very old law and how it applies to annulments and the fact the marriage wasn't consumated is just 1 of a few points used to argue for an annulment.
toi_ama
11-21-2003, 03:28 PM
A wedding done inside a prison is legal, just like if you could have sex with him. That non-consummation thing was a law designed for men to be able to get rid of a wife who wouldn't have sex with him so he could procreate and pass on his bloodline with offspring. It doesn't mean a marriage isn't valid if you don't have sex.
worleysgirl
11-24-2003, 08:07 AM
I can appreciate the your views, and I know that the consumation thing is an old law, and refers to anullments, but I guess my real question is.....is there a law AGAINST conjugal visits in the state of WV....anyone from here that could help it would be greatly appreciated!!!!
toi_ama
11-24-2003, 08:12 AM
There are only six states that allow conjugal visits, and if I remember right, West Virginia isn't one of them. I don't know that there are laws against it. It's up to DOC whether they choose to allow them or not.