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  #1  
Old 09-01-2004, 10:08 AM
ldyfrfghtr
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requirements for common law marriage


What is the name of your state? South Carolina
A friend of mine has been living with a woman for 1.5 years. 9 months ago they got engaged. For the last 10 months he has been paying for a vehicle for her to drive. It is in his name but she is the only person who drives it. I am concerned that he is in a common law marriage but he doesn't think so. I believe she is cheating on him although I know he is still seeing a former girlfriend. If this comes out is there any way that she call say that have a common law marriage and come out of this "relationship" with anything besides what she brought in? He doesn't think so but i am concerned that she can.
He has children from a previous marriage- one that has a disability. That is why I am concerned about what can result from this mess. He says that he is not going to marry her and hid the fact from his friends that he was living with her, they thought that they had broke up. But he doesn't have a clue what she is saying to other people. She had the ring, the vehicle that he is paying for, and she lives with him, she could be saying anything. Her children think they are getting married. Do to their work schedules they don't see alot of each other except late at night. I need some advice to help him see what could happen--for his childrens' sake, before it is too late.

Last edited by ldyfrfghtr; 09-05-2004 at 02:10 AM. Reason: add more information
  #2  
Old 09-01-2004, 10:23 AM
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Quote:
Originally Posted by ldyfrfghtr
What is the name of your state? South Carolina
A friend of mine has been living with a woman for 1.5 years. 9 months ago they got engaged. For the last 10 months he has been paying for a vehicle for her to drive. It is in his name but she is the only person who drives it. I am concerned that he is in a common law marriage but he doesn't think so. I believe she is cheating on him although I know he is still seeing a former girlfriend. If this comes out is there any way that she call say that have a common law marriage and come out of this "relationship" with anything besides what she brought in? He doesn't think so but i am concerned that she can.
**Requirements:
A common law marriage can take place only when two people satisfy all of the following. They must:
Be a heterosexual couple
Intend to be married
Live together for a "significant" period of time (this term is not defined in any state)
Hold themselves out to others as being married (e.g., use the same last name, refer to each other as "husband" and "wife")
Reside in a state that recognizes common law marriages
Fulfill the state's requirements for a common law marriage, such as filing any required forms or exchanging vows, indicating an intent to be married
In addition, as with traditional marriages, the parties to a common law marriage must possess the legal capacity to enter into the marriage. Further, the parties must meet the minimum allowable age for marriage, which varies from state to state.

**This link may help you find the answer you are looking for: [url]http://www.irbywalker.com/article.jsp?practArea=29&articleIndex=2[/url]
  #3  
Old 09-01-2004, 11:00 AM
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So wait..... HE is cheating on HER, and you're worried that SHE's cheating on HIM? They're a perfect pair!
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  #4  
Old 09-01-2004, 11:14 AM
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Quote:
Originally Posted by stealth2
So wait..... HE is cheating on HER, and you're worried that SHE's cheating on HIM? They're a perfect pair!
**They already have that much in "common".....
  #5  
Old 09-01-2004, 11:38 AM
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Join Date: May 2002
Posts: 29,675
Quite honestly, when people have this level of morality - they get what they deserve. Just please tell us they don't have a kid.
__________________
Children aren't coloring books. You don't get to fill them in with your favorite colors.
The Kite Runner, Khaled Hosseini



*********
R.I.P. Penny.
8/12/97 - 11/12/09
She was a good hound,
and a good friend.
She will be missed.

*********
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