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Good afternoon. Can you tell me if this is a common law marriage issue? And are you seeking to prove that you were in a common law marriage or are trying to prove that you are not in a common law marriage?
trying to prove that i am not
Please give me a couple of minutes to double check a few things.
Unfortunately, in South Carolina there is no list of statutory factors to be considered in order for it to be decided that you are indeed in a common law marriage. Basically, one party can show that a common law marriage did exist by simply showing that you both agreed to assume a husband-wife relationship.
Here is a case which shows some of the deliberations that a court made in common law marriage issue:
No the party trying to show that a marriage exists will have to present evidence to that effect and then you would have the opportunity to rebut that evidence.
This can become very complicated and does have a lot of potential problems if you are found to be married, so I whole-heartedly suggest that you consult a local family law attorney to assist you. If the court does find you to be married, you would need to file for divorce to terminate the relationship and assets would be divided.
Some of the evidence that you may have to rebut is that you held yourselves out as a married couple, used the same last name.
I see that you rated this as poor service prior to our conversation being completed and while I was continuing to research case law to find examples of how to rebut the presumption of a common law marriage.
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