The Social Security system is in place to help us through difficult times. Unfortunately, there are some instances in which the system makes our lives even more difficult than they need to be. The day I received the denial letter for my claim, I wasn't sure what I was going to do. After talking with a few friends, I contacted a lawyer. That was the best decision I had ever made. Even with the professional assistance, getting the denial overturned and getting the money that I was owed took several months. I have kept a clear journal of my experience and loaded it with information that can help others get through what can be an impossible time.
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Social security denial - a journal of assistance
Married By Common Law Or Not?
Alexis Garcia
Most people have heard of common law marriages, where you can (apparently) just live with someone for a certain period of time and call yourself "married". There are many misconceptions about this form of marriage, which is still legal in some places. To get the facts and clear up the confusion, read on.
Common Law Marriage
There are a dwindling number of states that still allow common law marriages. Currently, there are only 8 states where this manner of tying the knot is still legally recognized. In the states that do allow it, there are some rules that apply that limit and identify what is needed to have a common law marriage. In general, you might expect to see the following requirements:
- Both parties must be of the minimum age for marriage.
- Both parties must be legally able to marry and not already be married to someone else.
- Both parties must be of sound mind.
- Both parties must be of the same mind—that they are living as husband and wife—and they must "hold themselves" to be married in the eyes of the community, their families, and their religious organization.
Common Law Marriage Divorce
When traditionally married couples decide to part ways, they must take legal action, (divorce), to make that parting official. When a couple who is common-law married decides to part ways, they too must take legal action. The rules for divorcing when it comes to common law marriage are identical to those of traditional marriages, and you must file paperwork with the courts and go through the divorce process in the same manner. To learn more about divorce law with regards to common law marriage, contact a law firm like Karen Robins Carnegie PLC.
Just Walking Away from a Common Law Marriage
It is tempting for couples to quietly agree to part ways and just walk away from the relationship, since no legal paperwork has ever been filed. If the couple can work out any issues with property and debt, they may be able to get away with not filing papers in court, although you might run into trouble if you filed taxes jointly and represented yourself as being married to others. The real problems can occur, however, when only one party in the common law marriage alleges that a marriage existed.
Did a Common Law Marriage Exist?
When the couple disagrees and there is debt, property, and spousal support at issue, the courts may need to make the decision about the validity of the common law marriage. The judge will take into consideration factors like:
- length of relationship
- sharing of the last name
- children of the relationship
- joint ownership of a home
- filing taxes as "married filing jointly".
If you and your partner are in disagreement about the existence of your common law marriage, speak to a family law attorney right away.
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