Court: Common-law marriages elsewhere hold in NC

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Submitted: Tue, 12/04/2012 - 6:46pm
Updated: Tue, 12/04/2012 - 6:47pm

RALEIGH, NC (AP) — An appeals court says couples must establish common-law marriages in other states before moving to North Carolina to be treated as spouses in divorce proceedings.

The ruling Tuesday by the Court of Appeals means if Hulya Garrett of Iredell County wants to appeal, the state Supreme Court must consider whether living with boyfriend Charles Burris in Texas gave her rights to alimony, marital property, and divorce.

The pair never married in eight years together. Texas recognizes a couple as married if they cohabitate, tell others they’re married, and agree to be married. North Carolina does not have common law marriage.

Judge Cheri Beasley dissented from the two other judges, saying Garrett moved in with Burris after he said they would be as good as married under Texas law.

(Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)


  • Hulya Garrett says:

    Copy of my divorce decree is already in Iredell County and Appeal Court records.

    No -233-287818-99
    Tarrant County, Texas.
    On August 10, 2000.

    At the bottom of the pages shows that the decree was notarized by the Turkish translation office. This divorce decree was sent to Turkish court in Turkish and entered into the court system. Until this day, My husband do not understand this simple procedure or he choses not to understand. My divorce in Texas was automatically recognized by Turkish law according to the International law. All I had to do translate in Turkish. This procedure was optional. I did not have to do it at all. This document will be posted on my website with the other legal documents. Thank you for reading.

  • Hulya Garrett says:

    My husband Charles Burris moved into my house with the condition of being married. We met all the three elements of the Texas Common Law Marriage. But the trial judge Edward Hedrick made huge errors on his order. He found that we lived together, introduced each other as husband and wife, exchanged rings. He talks about not having an informal ceremony in Texas. There is no need for informal ceremony in Texas. I am not a judge, not a lawyer but I know how to read the laws, regulations. His order was based on lack of knowledge of Texas law and perjury of defendant’s testimony. My husband perjured himself under the oath in 3 different trials. The two judges are agreed that he lied during the trial. According to their orders and the trancripts his testimony should have been impeached during the trial. I filed a complaint with the police department against my husband. the investigator stated that he sees the perjury very clearly. The judges accepted that he lied but they don’t remember where he lied. The transcripts are clearly showing where he lied. DA office is taking their time to decide on perjury. DA office wants the judges signed for the perjury. Nobody wants to enforce the law. There is no such a law that the witnesses are allowed to lie 25%, 50 % during the trial. Perjury under the oath is a federal crime. NC court system manipulated, misleaded by my husband in every trial and they allowed him to lie, rape, assault, steal, deny. I really thought that Appeal court will catch these errors. It shows that the Appeal Court is extremely incompetent to review the common law marriage in Texas even with the supporting evidences and the transcripts. My new evidences were repeatedly refused by Iredell County judges. But Appeal court is aware of the new evidences, the defendant’s lawyer’s conflict of interest, being misbarred and found guilty of misconduct twice, Congratulations to the NC court system for dishonoring me, denying my legal rights as an American. Who am I?? A woman originally from Turkey. My husband is a pure American as he stated so many times. During last five years I have been humiliated by the police department, DA office and by the judges. My husband stated that he is above the law. I can see that now. I will not accept the Appeal court decision. I will not accept that the judges constantly are making unlawful errors. I will not accept that the person who is criminal will be excused from his crime because he lies and has no evidences that proves we are not married. The laws are based on fact, not based on lies. If you are a crook individual and have a crook lawyer you are a winner in NC state.

  • Charles Burris says:

    Hulya Garrett was married in Texas to Brett Garrett until 2 months from leaving Texas. Also Hulya Garrett was still married in Turkey to Brett Garrett until after moving to North Carolina. Hulya Garrett can not be married to two people at the same time. Also no Texas marriage lience was ever issued.

    Charles Burris
    (704) 677-4093

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