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Ask Lawyer Lori Your Own Question
Lawyer Lori
Lawyer Lori, Attorney
Category: Legal
Satisfied Customers: 2161
Experience:  10 years of legal experience.
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i need to know how can i lose in a common law case pleasle

Customer Question

i need to know how can i lose in a common law case pleasle
Submitted: 3 years ago.
Category: Legal
Expert:  Lawyer Lori replied 3 years ago.

Lawyer Lori :

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?

JACUSTOMER-zc9kn0eg- :

trying to prove that i am not

Lawyer Lori :

Please give me a couple of minutes to double check a few things.

Lawyer Lori :

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.

Lawyer Lori :

Here is a case which shows some of the deliberations that a court made in common law marriage issue:

Lawyer Lori :

http://www.sccourts.org/opinions/displayUnPubOpinion.cfm?caseNo=2009-UP-105

Lawyer Lori :

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.

Lawyer Lori :

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.

Lawyer Lori :

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.

Lawyer Lori :

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.