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Lex had told Lois "I Do" at their wedding. What if Lois had said "I Do" as well? Would they technically be married? True, not 10 minutes later Lex merged himself with concrete. But then Lex got "reborn" one might say. What would happen if on the cusp of her dating Clark or -- worse yet -- her first failed wedding to Clark, Lois discovers (instead of clones) that she was technically married to Lex, being that he was no longer dead. I know there's a similar story where Lois discovers she's actually married to Clark on the cusp of her marriage to Lex (due to having checked into the Lexor as Mr. & Mrs. Clark Kent). I thought it was a Sue S. or MLT story, but I can't find the name of it  , so I'm probably wrong about the author. Anyway, this idea came up during a recent L&C banter / argument sequence and I thought if anyone was inspired to take this premise further, I would throw it out into the wind.
VirginiaR.
"On the long road, take small steps." -- Jor-el, "The Foundling"
---
"clearly there is a lack of understanding between those two... he speaks Lunkheadanian and she Stubbornanian" -- chelo.
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Beat Reporter
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Except for common law stuff like the hotel checkin bit what usually matters is signing the license. So if for some reason they and the cardinal? signed it before the ceremony she would be married. I would think that the church would disapprove of signing it before the ceremony but Lex did tend to break rules and get others to.
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Pulitzer
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I believe the story you're referring to is Erin Klingler's excellent "The Accidental Husband" . One of my favorites.
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Lex had told Lois "I Do" at their wedding. What if Lois had said "I Do" as well? Would they technically be married? True, not 10 minutes later Lex merged himself with concrete. But then Lex got "reborn" one might say. My mom and I agree that when Lex dies by merging with the sidewalk, that "til death do us part" kickes in and the marriage is over. Also, doesn't the priest or whoever have to announce them as Mr. & Mrs. for it to be fully official? I've asked her to check with the local parish priest if she gets to Church tomorrow and I will ask my priest if I get up in time for Mass. I'm assuming that Lois and Lex had a Catholic ceremony because of the mention of the Archbishop. However, if that were true, then they would have needed to be at a church since the Catholic Church doesn't allow for weddings outside of the church. In any case, mom and I agree that the priest is going to laugh when he hears this question... I'll report back if/when I get a response...
Battle On,
Deadly Chakram
"Being with you is stronger than me alone." ~ Clark Kent
"One little spark of inspiration is at the heart of all creation." ~ Figment the Dragon
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I would think that the church would disapprove of signing it before the ceremony but Lex did tend to break rules and get others to. I think my husband and I signed ours the night of the rehersal, not on the actual wedding day, but I might be wrong. So much was happening in so short a time frame, and of course, my husband won't remember if I ask him about that. 
Battle On,
Deadly Chakram
"Being with you is stronger than me alone." ~ Clark Kent
"One little spark of inspiration is at the heart of all creation." ~ Figment the Dragon
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Originally posted by Deadly Chakram: <strong> I think my husband and I signed ours the night of the rehersal, not on the actual wedding day, but I might be wrong. So much was happening in so short a time frame, and of course, my husband won't remember if I ask him about that.  And before you come back with that whole "I had a death certificate and everything" excuse... well, how come I can see Lex firing back with that old Samuel Clemment quote "The rumors of my death have been greatly exaggerated". (or something like that). As for: </font><blockquote><font size="1" face="Verdana, Helvetica, sans-serif">quote:</font><hr /><font size="2" face="Verdana, Helvetica, sans-serif">However, if that were true, then they would have needed to be at a church since the Catholic Church doesn't allow for weddings outside of the church. I think you answered your own question with the quote from dcarson above. I would think that the church would disapprove of signing it before the ceremony but Lex did tend to break rules and get others to. What I'm trying to say is, this is fiction... anything is possible: even the world's nicest guy flying around in tights falling in love with a crabby reporter.  
VirginiaR.
"On the long road, take small steps." -- Jor-el, "The Foundling"
---
"clearly there is a lack of understanding between those two... he speaks Lunkheadanian and she Stubbornanian" -- chelo.
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If you signed it the night before wouldn't your marriage certificate be "dated" from the night before? Or did you sign your certificate but post-date the date one day? I think we post dated it two days. (Married on 7/28, rehersal on 7/26). At least, I *think* we signed it that night on not on the actual wedding day. As I said, my memory of that point is hazy at best. :p You and I agree here. But this is "New Troy" where a man and woman could check into a hotel as husband and wife might be considered... well, legally married. So, since Lex comes back to life, I'm betting he could find a lawyer who would argue that Lex wasn't really dead. (Otherwise, what if someone code-blued but then survived and the wife/husband said, 'nope, we're not married anymore. You 'died' on the operating table for 1 minute. Death due us part, baby!") And before you come back with that whole "I had a death certificate and everything" excuse... well, how come I can see Lex firing back with that old Samuel Clemment quote "The rumors of my death have been greatly exaggerated". (or something like that).  Very true. But now I'm really curious on what a priest would say about this really weird set of circumstances. What I'm trying to say is, this is fiction... anything is possible: even the world's nicest guy flying around in tights falling in love with a crabby reporter. Isn't fiction just grand?
Battle On,
Deadly Chakram
"Being with you is stronger than me alone." ~ Clark Kent
"One little spark of inspiration is at the heart of all creation." ~ Figment the Dragon
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Kerth
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Ahem... All things considered... you know, with the  and everything... Lois and Lex wouldn't have really had a chance to... consummate their marriage. Could Lois push for an annulment? Even if Lex was pulling the other way, that would certainly have a lot of weight in a court of law... especially since it was widely regarded that Lex was dead all that time, so it's not like there's really any argument there. Maybe I'm confused. Or maybe the whole "annulment" issue should be discounted for the purposes of torture... *ahem* I mean, plotline?
Nothing spoils a good story like the arrival of an eye witness.
--Mark Twain
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Good point, Mouserocks, you're probably right. But since an annulment takes time (I'm assuming here), I'm guessing Lex's announcement that they are still married would still put a kink in Lois's and Clark's wedding should he announce it -- say at the part where "If there is anybody..." blah, blah, blah.
Okay, we've worked out many of the plot kinks (although I'm still curiously waiting to hear DC's answer from the priest), anyone up to actually writing it?
VirginiaR.
"On the long road, take small steps." -- Jor-el, "The Foundling"
---
"clearly there is a lack of understanding between those two... he speaks Lunkheadanian and she Stubbornanian" -- chelo.
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Annulments DO take time and are pretty involved from what I understand. There's a ton of paperwork and interviews that go into it. (My cousin actually just got hers finalized after years of working and stalling on it). Here are the grounds for an annulment: Most annulments are based on canon 1095, psychological reasons. These include a wide range of factors. Some of them may be misrepresentation or fraud (concealing the truth about capacity or desire to have children for example, or about an preexisting marriage, drug addiction, felony convictions, sexual preference or having reached the age of consent) Refusal or inability to consummate the marriage (inability or refusal to have sex) Bigamy, incest (being married to someone else, or close relatives) Duress (being forced or coerced into marriage against one's will or serious external pressure, for example a pregnancy) Mental incapacity (considered unable to understand the nature and expectations of marriage) Lack of knowledge or understanding of the full implications of marriage as a life-long commitment in faithfulness and love, with priority to spouse and children. Psychological inability to live the marriage commitment as described above. Illegal "Form of Marriage" (ceremony was not performed according to Catholic canon law) One/both partners was under the influence of drugs, or addicted to a chemical substance. from this site . I think, however, that the inability to consummate the marriage has more to do with sexual dysfunction more than "he took a swan dive off a high rise building before the wedding night." You'll note that in order to get an annulment, Lois would have to obtain a divorce from Lex first. And given his desire to own her at any cost, I doubt that he would give her one. I unfortunately didn't fall asleep until after 4:30am and missed out on getting to church today as a result. I'll check with my mom later and see if she was able to ask her priest about this though. I'll report back as more information comes in!
Battle On,
Deadly Chakram
"Being with you is stronger than me alone." ~ Clark Kent
"One little spark of inspiration is at the heart of all creation." ~ Figment the Dragon
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should he announce it -- say at the part where "If there is anybody..." blah, blah, blah According to the priest who officated my own wedding - that's only a Hollywood thing. I've never been to a wedding where they have done the "if there is anybody" thing because they put the names of marrying couples in the bulletins for 3 or 4 weeks leading up to the wedding date. That way, if people have any reasons why the couple should not be married, they can speak up in advance. (So I was told)
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Deadly Chakram
"Being with you is stronger than me alone." ~ Clark Kent
"One little spark of inspiration is at the heart of all creation." ~ Figment the Dragon
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Originally posted by Deadly Chakram:
According to the priest who officated my own wedding - that's only a Hollywood thing. I've never been to a wedding where they have done the "if there is anybody" thing because they put the names of marrying couples in the bulletins for 3 or 4 weeks leading up to the wedding date. That way, if people have any reasons why the couple should not be married, they can speak up in advance. (So I was told) Just like the old "reading of the banns" in the Regency time-period in England. (My apologies to the British is this is still in practice. My knowledge comes from my old addiction to reading / writing Regency novels. Okay, I only wrote the one, but I read dozens/hundreds, because the good ones aren't about the sex but about the witty banter. )
VirginiaR.
"On the long road, take small steps." -- Jor-el, "The Foundling"
---
"clearly there is a lack of understanding between those two... he speaks Lunkheadanian and she Stubbornanian" -- chelo.
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Kerth
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Originally posted by Deadly Chakram:
I think, however, that the inability to consummate the marriage has more to do with sexual dysfunction more than "he took a swan dive off a high rise building before the wedding night."  
Nothing spoils a good story like the arrival of an eye witness.
--Mark Twain
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That literally made me spew my drink! Mission Accomplished.  Then again, that could be considered refusal (and what a way to do it, too ). And that would certainly lead to psychological problems with staying married to a dead man...  True. Got it. Thanks for the info, I wasn't quite sure on the topic. No problem. I actually wasn't sure on that myself until I looked it up and saw that a civil divorce has to be finalized before an annulment can be requested. Got it. Thanks for the info, I wasn't quite sure on the topic.  You should join #lanekent on IRC one night. I blame it for my horrific sleep schedule. :p We have a few overseas people who come in fairly regularly - I'm ready to head to bed and they are just starting the day.
Battle On,
Deadly Chakram
"Being with you is stronger than me alone." ~ Clark Kent
"One little spark of inspiration is at the heart of all creation." ~ Figment the Dragon
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I think there may be a non-religious legal version of the annulment, but I'm totally basing this asumption on "Friends". 
VirginiaR.
"On the long road, take small steps." -- Jor-el, "The Foundling"
---
"clearly there is a lack of understanding between those two... he speaks Lunkheadanian and she Stubbornanian" -- chelo.
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Originally posted by VirginiaR: I think there may be a non-religious legal version of the annulment, but I'm totally basing this asumption on "Friends". Hmm...not sure about that. I always assumed that annulment went hand in hand with religion. I could be wrong. So...mom missed Mass today also. Maybe next week we'll get an answer.
Battle On,
Deadly Chakram
"Being with you is stronger than me alone." ~ Clark Kent
"One little spark of inspiration is at the heart of all creation." ~ Figment the Dragon
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No annulment is also a civil matter. From wikipedia In Nevada, the qualifications for annulment[2] include: a marriage that was void at the time performed (such as blood relatives, bigamy), lacked consent (such as, underage, intoxication, insanity), or is based on some kind of dishonesty. See also Nevada Annulment Statutes. To file actions based on fraud, you must have separated from your spouse as soon as you learned of the fraud.
Annulments in Nevada require a residency of at least 6 weeks, including a signed witness statement of having been living in Nevada for that amount of time. So if you wake up married and have no memory of getting married you can annul it and it never happened. But your weekend trip is extended for six weeks. New York state law which is what New Troy is patterned after. So under that if you wake up married you would have to get a divorce or maybe claim mental illness. The common law hotel story has incapacity as a possible annulment reason. ARTICLE 9
ACTION TO ANNUL A MARRIAGE OR DECLARE IT VOID
Section 140. Action for judgment declaring nullity of void marriages or
annulling voidable marriage.
(a) Former husband or wife living.
(b) Party under age of consent.
(c) Party a mentally retarded person or mentally ill
person.
(d) Physical incapacity.
(e) Consent by force, duress or fraud.
(f) Incurable mental illness for five years.
141. Action to annul marriage on ground of incurable mental
illness for five years; procedure; support.
142. Dismissal of complaint in action by next friend to annul a
marriage.
143. Jury trial.
144. Proof required.
146. Judgment, how far conclusive.
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So divorce it is for our poor Lois! Alas.
VirginiaR.
"On the long road, take small steps." -- Jor-el, "The Foundling"
---
"clearly there is a lack of understanding between those two... he speaks Lunkheadanian and she Stubbornanian" -- chelo.
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Well there could be precedent that so drunk you don't remember counts as mental illness. Or that if one party is that drunk and the other isn't that was fraud. Lots of author's choice.
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You'll note that in order to get an annulment, Lois would have to obtain a divorce from Lex first. And given his desire to own her at any cost, I doubt that he would give her one. What? You get a divorce before an annulment? I think must only be in Catholicism. Oh, I see. You mentioned later that you meant a civil divorce. There is also such a thing as a civil annulment. I've actually been to a wedding where the, "If anyone objects," thing is said at the wedding.
~~Even heroes have the right to dream.~~
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