When it comes to getting married, most people just go about it in the traditional way. One partner proposes, the other accepts, they plan, celebrate, get married, and celebrate again. However, what you might not have considered, is that common law marriage is still something that some couples can fall into the category for. But what exactly does that entail? And how do you get common law married, and a divorce if that time comes?
Common Law Marriage: Understanding Unorthodox Marriage Methods
South Carolina is one of the nearly dozen that still allows for common law marriage. Many people believe that if they’re together long enough, they likely fall into this category. However, the qualifications for such a thing surround three conditions…
Three conditions:
For one, the couple must be living together. Second, they must refer to themselves as ‘married’ to the general public. Lastly, the couple must have a mutual agreement, and intent for there to be a marriage between the two of them. While these three conditions are the center of any common law marriage, both parties must also both be of sound enough mind to enter into a marriage. The only issues are if one or both parties are: already married, underage, or etc. Basically any standard that can allow for an annulment, also allows for these types of marriage to be invalid.
Things to understand about those three conditions:
The first condition we listed is that the couple must be living together. Many people believe that if you live together for seven years, you automatically fall into the category of ‘common law married’. However, in SC, there’s no amount of time you must live together to fall into the category. Instead, you must ‘hold yourselves out as husband and wife’. But what exactly does that mean?
Holding yourself out as married means that you use the same last name, refer to yourselves as husband and wife, use joint accounts, and so forth. Basically, you function like any traditionally married couple would. To prove this, you have to file joint tax returns, provide proof that you refer to yourselves as husband and wife, and so forth.
What’s the deal with separation?
A common question you might have, is what exactly happens when, or if, you want to separate or divorce? First off, for a common law married couple to separate, they must first ave a hearing to prove that their marriage is valid, and it exists. In this instance, a judge will rule on whether they do have a common law marriage that warrants divorce in the first place. But, once the judge has done that, your divorce will function like any other divorce would.
A common law marriage carries all the same rights and obligations as a “regular” marriage
Issues such as inheritance, property rights, custody issues, etc., all apply. The party who claims the existence of a common law marriage must prove the elements through ‘preponderance of the evidence‘. Additionally, once the court recognizes a common law marriage, it only ends by death or divorce. Issues such as common law marriage and divorce can be very confusing. It’s helpful to have a lawyer to help guide you through these processes. If you have any questions, contact us today!
