What is a common law marriage?
In a handful of states (listed below), heterosexual couples can become legally married without a license or ceremony. This type of marriage is called a common law marriage. Contrary to popular belief, a common law marriage is not created when two people simply live together for a certain number of years.
In order to have a valid common law marriage, the couple must do all of the following:
- live together for a significant period of time (not defined in any state)
- hold themselves out as a married couple -- typically this means using the same last name, referring to the other as "my husband" or "my wife," and filing a joint tax return, and
- intend to be married.
When a common law marriage exists, the spouses receive the same legal treatment given to formally married couples, including the requirement that they go through a legal divorce to end the marriage.
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What is the law in SC for common law marraiges? I thought it changed Dec 2005. My ex-wife and I are considering moving in together for the kids only. How will this affect are divorce? I will not make us legally married will it?
You are able to file a joint return without having a marriage license. How do I go about changing my last name to his if we are not legally married. In order to have your name changed on your drivers license you need to show proof of name change (marriage certificate). Can I get a social security card with his last name without providing any legal documents? Will this show us to be common law married or are there other things that we need to do to make it more official?
I was legally divorced Feb 2004 from my (ex) husband. Our child lives with me, the mother, 5 days a week and with his father, my ex 2 days a week. My ex is required to pay for my child's health insurance along with a few (minor) expenses. However, just recently he dropped my son off his insurance (said that it was too expensive) and added himself and my son to his girlfriend's medical insurance. His girlfriend has lived with him for about 1 year, they have been dating 1.5 years and they are not engaged, nor married. She has my ex listed as a Spouse and my son as a Dependant on her insurance, along with her 2 children. Isn't SC Common Law 7 years? They do not share the same last name, they do not file jointly on taxes, they have only resided together a year…maybe a little over. All they do is "live together", she helps pay for utilities. Now, my son's insurance is being taken out of her paycheck, my ex is NOT paying insurance now. Is this legal? Could they have went around the system somehow and claimed Common Law? How is she carrying MY son as a Dependent and my ex as a Spouse? My concerns are not with my ex husband, however, I don't feel that she has a right to carry my son as a Dependent, especially since she is just a girlfriend (of 1.5 yrs) to his father. She could get mad, split up with him and drop insurance…my son would be left with no insurance! Please advise.
Thank you.
Jennifer Nagel
SC Resident
I have been dating/living with my spouse for over eight years and consider our relationship to be common law as we have met the state requirements for almost five years. Recently, my best friend and her husband (also a friend of mine) separated and planned to divorce. They both knew that each were talking with and leaning on me for support. I visited my male friend's apartment during the daytime and even opened the blinds to assure HE wouldn't be accused of an affair, only to be accused myself. I also visited my ex-husband (and his female roomate and children) to collect on a debt left-over from our marriage eight plus years earlier. (I didn't need the money until now as I am now disabled and on a limited budget.) I was also accused of an affair with him as I went into the home and stayed just long enough to eat some stew that was offered by my exes female roomate. Then spouse accused me of having affairs with multiple people throughout our relationship, but he moved me into his home after three years of dating and we became engaged two years ago without mentioning this (excluding once in the beginning of our courtship and we split for one week. I said yes to the reunion as I was not guilty of the offense). Now He has broken off our engagement and has stated that it would be my decision to stay or leave then he stated that he didn't want me to stay in the home. He has exhibited a change in emotions and actions several times within the last ninety days, however, minus a couple of slips of the tongue or heart he has continued to state his lack of love for me when asked but hasn't demanded me to leave. But knows I won't stay where I am not wanted. We still share a bed and continue to care for each other as before. He has given away a large appliance and several small items without my permission. I face surgery again this month on my spine and my finances are in a wreck. What are my options at this point as I will have to move out of town, purchase furniture and move away from my grown children (near my parents 120+ miles away) in order to make it from month to month. This breakup came as such a blow that I am currently seeking counseling to ensure that I don't become worse physically as I am trying to cope with chronic pain due to three major illnesses. Please advise.
Under the common law marriage doctrine, you are considered legally married, despite not having a marriage license, a ceremony, or a marriage certificate, if you meet specific requirements listed in the statutes of the jurisdiction where you live.
South Carolina. In this state, if a man and woman intend for others to believe they are married, a common law marriage may be established.
A woman who marries may change her last name (also known as "surname") to that of her husband, but she is not required to do so.
Examples of documents that can be used to establish the existence of a common law marriage are listed below.
**A personal affidavit stating when and where you and your common law spouse mutually agreed to become husband and wife; whether you were ever married, ceremonially or otherwise, to anyone else, and the details surrounding the end of any previous marriages (how they were ended, where, and when); and any other details that will help to establish the existence of a husband and wife relationship.
**Affidavits from other persons who know you and are familiar with your relationship, setting forth particulars such as the length of time you lived together(SC=30 days min); your address(es); whether there was any public announcement of your marriage; and whether your friends, neighbors, and relatives regard you as married.
*Deeds showing title to property held jointly by both parties to the common law marriage.
*Bank statements and checks showing joint ownership of the accounts.
***Insurance policies naming the other party as beneficiary. ***
*Birth certificates naming you and your common law spouse as parents of your child(ren).
**Employment records listing your common law spouse as an immediate family member. **
*School records listing the names of both common law spouses as parents
Credit card accounts in the names of both common law spouses *
Loan documents, mortgages, and promissory notes evidencing joint financial obligations of the parties.
Mail addressed to you and your common law spouse as "Mr. and Mrs."
Any documents showing that the wife has assumed the surname of her common law husband.
*Church records indicating familial status, including membership information, baptismal certificates of the parties' child(ren), Sunday School registration forms, etc.*