my ex and i were not married but in SC we are common law married.[/qutoe]
You're either married... or not. Can't be both.
And it doesn't matter what might or might not have been the 'deal' in Small Claims!!
as we lived together for 15 yrs. we seperated a year almost 2 years ago.
So, what PROOF do you have that a 'common law' marriage existed?? There are no specific laws or rules as to what constitutes a valid 'common law' marriage in SOUTH CAROLINA.
The ONLY way to prove that you in fact had a common law marriage is for a court of common pleas to say so. From SOUTH CAROLINA Code:
SECTION 20-1-510. Jurisdiction to determine validity of marriage.
The court of common pleas shall have authority to hear and determine any issue affecting the validity of a contract of marriage.
SECTION 20-1-520. Affirmation of marriage if validity has been denied or doubted.
When the validity of a marriage shall be denied or doubted by either of the parties, the other may institute a suit for affirming the marriage and, upon due proof of the validity thereof, it shall be decreed to be valid and such decree shall be conclusive upon all persons concerned.
SECTION 20-1-530. Declaration of invalidity.
If any such contract has not been consummated by the cohabitation of the parties thereto the court may declare such contract void for want of consent of either of the contracting parties or for any other cause going to show that, at the time the supposed contract was made, it was not a contract.
The criteria for a common law marriage is: (1) when two parties have a present intent (usually, but not necessarily, evidenced by a public and unequivocal declaration) to enter into a marriage contract; and (2) "a mutual agreement between the parties to assume toward each other the relation of husband and wife." See Tarnowski v. Lieberman (S.C. Ct. App. 2002)
South Carolina courts have held that the party claiming the common law marriage must prove the marriage arose by a preponderance of the evidence. Ex Parte Blizzard, 193 S.E. 633, 634, (S.C. 1937); Kirby v. Kirby, 241 S.E.2d 415, 416, (S.C. 1978). However, where the evidence establishes long cohabitation and a reputation in the community as husband and wife, a presumption of common law marriage arises. Campbell v. Christian,110 S.E. 2d 1, 4, (S.C. 1959); In Re Greenfield=s Estate, 141 S.E.2d 916, 920, (1965); Jeanes v. Jeanes,177 S.E. 2d 537, 539, (S.C. 1970).
one month later i was living with some one else and we had a baby on the way. my x and i have a child whom i pay her child support, medical, and half of school ect. She still threatens me to this day that if i don't do whatever she asks me to do, she will file for alimony and a legal divorce. is there a limitations on how long she has to do that and if not should i just do as she asks forever?
She can make any claim she wants against you... until such time as you get a ruling from the courts as to whether your cohabitation did in fact constitute a marriage or not.
For more:
http://www.rrb.gov/pdf/l-97-28.pdf
http://www.judicial.state.sc.us/opinions/displayOpinion.cfm?caseNo=3444
