How do you know if you are legally common law married?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do you know if you are legally common law married?
My brother was in a on/off relationship for 11 years in SC and had a child with the woman. Then they completely broke off their relationship. He then entered another relationship and that ended. He is now dating a third woman and has an interest in asking her to marry him. However, he is concerned that he may have entered a common law marriage in SC. How would he go about finding out if this is the case?
Asked on October 5, 2011 under Family Law, South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Typically, a common law marriage exists when there is capacity to enter into a marriage, present agreement or consent to be husband and wife, public recognition of the existence of the marriage, and consummation. In other words, you have to be of age and mentally competent; both parties expressly intend and agree to be common law married; they hold themselves out in public as being married (e.g. they introduce themselves as husband and wife; file joint tax returns, etc); and they have had sexual relations.
If the above holds true for your brother's first relationship, he may in fact be married. However, the facts presented were limited. At this point he would be well advised to consult with a SC divorce/family law attorney. They can best advise him as to his rights and/or responsibilities.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.