What is the name of your state (only U.S. law)? South Carolina
I have a friend who recently found out her marriage may not be legal. Her and her husband married 11 years ago in Virginia and they have 3 kids. At their wedding the minister gave them their wedding certificate. She used that certificate to obtain a driver's license in Virginia and change her name with no problem. They have owned houses together and have always filed taxes as married, plus she is currently on his health insurance as his wife.
About 1 1/2 years ago they moved to South Carolina where they now live. When they finally sold their house in Virginia 7 months ago she went to the DMV in SC to get a new driver's license. She was told that she needed a copy of her marriage LICENSE....not cerificate. When she contacted the county in VA to obtain her license she found out that there is no record of it on file. At first it wasn't a big deal, but now 7 months later her husband says they are not married and he's leaving. He's convinced her that they don't need a divorce or to go to court. That he doesn't owe her anything as far as alimony or child support.
The questions she have are
1. Is she legally married and do they need a divorce? She knows SC is a common law state but they were married in Virginia.
2. If she isn't married, could she be in trouble for fraud for filing taxes as a married couple all these years? Also they haven't done their taxes yet this year so should she file married or single. She is trying to go back to school and if she files single it would help with her financial aid, but if she is married she doesn't want to do something wrong.
3. Also if they are not legally married, does that mean that technically she is the legal guardian of the kids? She doesn't want to keep the kids away from him at all, but because of financial issues she may have to move back to Virginia to live with her mom until she gets back on her feet. He has told her she isn't allowed.
4. Can he just decide to take her off his insurance?
Any insights or suggestions would be appreciated.
I have a friend who recently found out her marriage may not be legal. Her and her husband married 11 years ago in Virginia and they have 3 kids. At their wedding the minister gave them their wedding certificate. She used that certificate to obtain a driver's license in Virginia and change her name with no problem. They have owned houses together and have always filed taxes as married, plus she is currently on his health insurance as his wife.
About 1 1/2 years ago they moved to South Carolina where they now live. When they finally sold their house in Virginia 7 months ago she went to the DMV in SC to get a new driver's license. She was told that she needed a copy of her marriage LICENSE....not cerificate. When she contacted the county in VA to obtain her license she found out that there is no record of it on file. At first it wasn't a big deal, but now 7 months later her husband says they are not married and he's leaving. He's convinced her that they don't need a divorce or to go to court. That he doesn't owe her anything as far as alimony or child support.
The questions she have are
1. Is she legally married and do they need a divorce? She knows SC is a common law state but they were married in Virginia.
2. If she isn't married, could she be in trouble for fraud for filing taxes as a married couple all these years? Also they haven't done their taxes yet this year so should she file married or single. She is trying to go back to school and if she files single it would help with her financial aid, but if she is married she doesn't want to do something wrong.
3. Also if they are not legally married, does that mean that technically she is the legal guardian of the kids? She doesn't want to keep the kids away from him at all, but because of financial issues she may have to move back to Virginia to live with her mom until she gets back on her feet. He has told her she isn't allowed.
4. Can he just decide to take her off his insurance?
Any insights or suggestions would be appreciated.