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  #1  
Old 03-04-2009, 08:54 PM
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Join Date: Mar 2009
Posts: 1

commonlaw marraige


What is the name of your state (only U.S. law)? nj

i am going to be recieving health insurance through my fiance. I just have to have an affidavit signed by a notory public and show proof we have been together for a long time, my question is we live in new jersey and he works in new jersey but the company is based out of pennsylvania and so is the health insurance, on the affidavit it says commonwealth of pennsylvania. Will they except my common-law affidavit even though we live in new jersey? they sent it to me to be notorized. Any feedback would be appreciated
  #2  
Old 03-04-2009, 09:30 PM
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Join Date: Nov 2007
Location: The Heart o' Dixie
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New Jersey does not recognize common law marriages. You two have been living together, not married.

Quote:
A "common law marriage" is one in which the parties may hold themselves out as a husband and wife, and under certain circumstances, be deemed married without a marriage license or ceremony.

New Jersey does not allow the creation of a “common law” marriage, a relationship in which a couple lives together but have not participated in a lawful ceremony. Unlike some other states, in New Jersey a couple cannot acquire marital rights and responsibilities by living together for a particular period of time. You do not need legal action to end such a relationship, if it was created in New Jersey.
[url=http://www.njdivorceonline.com/njpages/Alimony/commonlawmarriage.asp]Common Law Marriage in New Jeresy[/url]

Quote:
First of all, a common law marriage cannot be established in most states. Only Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah, as well as the District of Columbia, recognize common law marriages. New Hampshire recognizes common law marriages only for the purposes of inheritance. In any other state the only marriage that is recognized as valid is an official one.
[url=http://www.alllaw.com/articles/family/divorce/article61.asp]Is Common Law Marriage an Alternative to the Real Thing?[/url]
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  #3  
Old 03-05-2009, 06:55 AM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,762
Most likely YOU do NOT qualify for insurance. Get married soon and then you will qualify.
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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