Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

regarding common law marriage , for VA benefits for surving

spouse, married in Idaho 1997...
regarding common law marriage , for VA benefits for surving spouse, married in Idaho 1997, divorced a few years later in the state of WA where both lived together, then residents of Arizona for 5 years. lived together for 15 years.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
7/8/2013
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,955
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Thank you for using JustAnswer. What exactly are you asking here in regards XXXXX XXXXX benefits? For example, whether or not your common law marriage would be recognized, etc?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Ask Your Own Family Law Question
Customer reply replied 4 years ago


Before I apply and do paperwork, I want to know if I would be eligile as common law spouse.

Hello,

When you say "common law married" what dates are these? Is this before 1997 (official marriage), or after the divorce, or both?
Ask Your Own Family Law Question
Customer reply replied 4 years ago


What is considered common Law.? Married in State of Idaho 1997, But lived in State of WA, divorced after 4 years, but lived together in WA.


Then traveled in motorhome, until becoming residents of AZ 5 years ago.


I just need information. I am in poor health, I cannot use computer good.


So if you can't answer my questions, then cancel our visit.

Customer reply replied 4 years ago


Are you still working on answer to my questions?

Hello,

Yes, I am. I needed to know what state and when you lived in when you were married, and you have supplied this information. I am typing out my answer now; apologies in advance for the momentary wait.
Ask Your Own Family Law Question
Your use of the computer is exemplary, so no worries.

Thank you for your patience.

1) Common law marriage does not exist in Arizona. In other words, the State of Arizona does not allow individuals to enter into a common-law marriage. However, Washington recognizes a common law marriage.

2) Also, the time that you spent married to him from 1997 to your official divorce may be used for application for surviving benefits if it meets all the other criteria.

3) The VA will recognize your official marriage, and it will ALSO RECOGNIZE your common law marriage if you spent the common law marriage years in a state wherein it is recognized - and you did - in WA. It does not matter that you moved to AZ (a state that does not recognize common law marriage) later. A valid common law marriage established in a state recognizing such marriages continues to be valid if the parties later move to a state not recognizing common law marriages.

3) To prove a common law marriage in WA, you need to show that (1) you lived together, (2) you counted yourselves as married, and (3) you introduced yourselves as married to others. This is subjective, but may be achieved via paperwork such as bank statements, etc.

4) As such, I believe that you would qualify for VA benefits for (1) the official marriage, and (2) the common law marriage years spent in WA, even if you now live in AZ.

To file for benefits off a common law marriage, you can use the VA Form 21-4170, Statement of Marital Relationship, here.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,955
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Ely and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago


Thank you for your help, will I be able to see all this on my regular email, so I can look at it later. Thanks Dianne

Thank you for your help

You are very welcome!

will I be able to see all this on my regular email, so I can look at it later. Thanks Dianne

I do not believe the site will send this via your email, but you may always simply come back to the url address in your browser to see the answer. For your convenience, the url address is below as well:

http://www.justanswer.com/family-law/7v0t6-regarding-common-law-marriage-va-benefits-surving.html

Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.
Ask Your Own Family Law Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,955
102,955 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

102,955 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I was in a common law marriage with 3 kids and have joint
I was in a common law marriage with 3 kids and have joint property with my ex, I have moved out. How do i proceed to get child support and division of assets. We are not legally married? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If a business came into marriage is it part of the divorce
If a business came into marriage is it part of the divorce ownership n name never changed at marriage … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
Does Mesa AZ have a common law marriage after 10 years
Second opinion] Does Mesa AZ have a common law marriage after 10 years living together ?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I would like to know what the commonlaw marriage divorce
I would like to know what the commonlaw marriage divorce rights are in Colorado. I have proof of commonlaw marriage. My husband pays for the house and my car. How will this affect my rights? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What are the requirements for a common law marriage in
What are the requirements for a common law marriage in Illinois? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Does Missouri recognize common law marriage from Texas and
Does Missouri recognize common law marriage from Texas and cases of settling an estate? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,704 satisfied customers
Common law marriage in is it leagle. Seattle washington
common law marriage in Washington is it leagle JA: Because family law varies from place to place, can you tell me what state this is in? Customer: seattle washington JA: Have you talked to a lawyer ye… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,198 satisfied customers
How to you have to be together to have common law marriage
How long to you have to be together to have common law marriage in Colorado and what things do you need to do it!… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
BY COMMON LAW MARRIAGE I CAN CLAIM MY GIRLFRIEND EVEN SHE IS
BY COMMON LAW MARRIAGE I CAN CLAIM MY GIRLFRIEND EVEN SHE IS IN CUBA … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
Me and previous spouse entered into a common law marriage in
Me and previous spouse entered into a common law marriage in the state of texas back in 2013 where we lived together, filed taxes, carried step children on my insurance at multiple employers and recently 2016 of may adjusted medical support based on insurance. We seperatedin Sept and finally called in quits in December. I asked for a divorce several of times because of all the government things that were involved. As of last week he has remarried. Is this legal since I have asked for a divorce? Isnt it necessary since the IRS involved? … read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
I was wondering if common law marriages were legal in NY
I was wondering if common law marriages were legal in NY State and NJ? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
DOES THE FEDERAL GOVERNMENT RECOGNIZE A COMMON LAW MARRIAGE
DOES THE FEDERAL GOVERNMENT RECOGNIZE A COMMON LAW MARRIAGE CONTRACT FOR SURVIVOR BENEFIT PLAN PURPOSES? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Do I have a common law marriage? 11 years a 4 year old girl.
Do I have a common law marriage? 11 years a 4 year old girl. he paid for the license to go to the courthouse, but did not happen. we present ourselves as husband and wife. he says we will get married … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I was in a Common Law Marriage for 24yrs before my husband
Hi - I was in a Common Law Marriage for 24yrs before my husband die in 2015. I live in Pennsylvania, am I able to collect his social security - also at time of his death my name is ***** ***** death c… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What are the grounds for common law marriage in Texas?
What are the grounds for common law marriage in Texas? … read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
Regarding common law marriage in texas: two things-Is income
Regarding common law marriage in texas: two things-Is income he earned from working while i was home not working with our son also community? and secondly, he has cancer. If he is incapacitated and de… read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,457 satisfied customers
What's the law state for establishing a common law marriage
What's the law state for establishing a common law marriage in colorado … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Are we in a common law marriage if the couple refer to
Are we in a common law marriage if the couple refer to themselves as a couple but have no financial documentation, jointly owned property, joint taxes, joint bank accounts etc? … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,876 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x