Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I'm just trying to figure out how my boyfriend and I claim a…

Customer Question
I'm just trying to...

I'm just trying to figure out how my boyfriend and I claim a common law marriage in sc

Lawyer's Assistant: The Lawyer will need to help you with this. Have you consulted a lawyer yet?

No

Lawyer's Assistant: Please tell me everything you can about this issue so the Lawyer can help you best. Please give me a bit more information, so we can help you best.

We have been living together for 3 years, we are older, and I would like for him and his kids to have the benefits I have

Lawyer's Assistant: OK. The Lawyer will need to help you with this. Is there anything else the Lawyer should be aware of?

They can do that in SC if we are common law married, but I don't know if there is a form that we need to fill out

Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 7 minutes by:
3/8/2016
Family Lawyer: Lucy, Esq., Lawyer replied 2 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Contrary to popular belief, common law marriage has nothing to do with how long two people live together - a common law marriage can be entered on the day people begin to cohabitate, and it's also possible to cohabitate for 50 years without becoming married. A common law marriage is created when two people share an intent to be a married a couple and hold themselves out to the community as married. The two of you need to agree that you want to be married. If you meet that requirement, talk to your employer about what information they need to prove a common law marriage. Things they want to see might include joint tax returns, insurance policies naming the other person as a spousal beneficiary, and a sworn affidavit that the two of you have entered a common law marriage (signed by both of you under penalty of perjury). It's up to the insurance company to decide what they will accept.

A specific form is only required if you want to go to the courthouse and get a marriage license. One of the benefits of that is, then you have documented proof. That could make things easier on your husband or his children in the event that you pass away. For example, your spouse would automatically inherit without having to find additional evidence that you're married.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: Attorney with experience in family law.

Lucy, Esq. 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

11,971 satisfied customers

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

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 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.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I am trying to find out how to apply for common law marriage
I am trying to find out how to apply for common law marriage after the unexpected death of my fiance … read more
LegalGems
LegalGems
Juris Doctorate
12,307 satisfied customers
Was in a common law marriage for 14 yrs..He walked out on me
Was in a common law marriage for 14 yrs..He walked out on me last Oct..he got atleast $85,000 for house he sold last yr. He gave me $20,000. This just doesn't seem right. He now lives in Fl. has a hig… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,520 satisfied customers
Is there a common law marriage in South Dakota?? No i was
Second opinion] Is there a common law marriage in South Dakota?? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,571 satisfied customers
Is there a common law marriage in South Dakota?? No i was
No i was just thinking and wondered? My ex boyfriend was with my daughter and i for 17 years … read more
Ray
Ray
Lawyer
Doctoral Degree
33,059 satisfied customers
18 year common law marriage? woman deceased(5 years ago) and
18 year common law marriage? woman deceased(5 years ago) and will gave property and all tangibles to formal employee (now deceased) inherited by employee's husband. During the 18 years a five stall ga… read more
Ray
Ray
Lawyer
Doctoral Degree
33,059 satisfied customers
Need common law marriage help. Pa. But considered ourselves
Pa. But considered ourselves to be married since 2002 … read more
Sean K
Sean K
Attorney/Member
JD
777 satisfied customers
My daughter has been in a common-law-marriage (all in
My daughter has been in a common-law-marriage (all in Florida) for over 21-years resulting in three children. Now he wishes to separate from her and my question is: is she entitled to alimony as she's… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,828 satisfied customers
Is Common Law Marriage in Texas legal? And if so, can I
Is Common Law Marriage in Texas legal? And if so, can I declare this on my Federal Tax? … read more
LegalGems
LegalGems
Juris Doctorate
12,307 satisfied customers
I am wondering about common law marriage in MN. My ex
Hi, I am wondering about common law marriage in MN. My ex girlfriend and I were together for 8 and a half years,Last week she said get out im selling my house and moving.Is there any money I could get… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is common law marriages legal? Just trying to see what my
Is common law marriages legal? JA: What steps have been taken? Have any papers been filed in family court? Customer: No, just trying to see what my options are. JA: Family law varies by state. What st… read more
Lucy, Esq.
Lucy, Esq.
Lawyer
32,264 satisfied customers
IS THERE COMMON LAW MARRIAGE IN THE STATE OF FLORIDA? A
IS THERE COMMON LAW MARRIAGE IN THE STATE OF FLORIDA? … read more
Lucy, Esq.
Lucy, Esq.
Lawyer
32,264 satisfied customers
If a couple have a common law marriage for two, three
If a couple have a common law marriage for two, three months, then legally marry, does their common law marriage count for the total time of marriage in Kansas … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If a common law Marriage > 20 years, and 3 years of legal
If a common law Marriage > 20 years, and 3 years of legal marriage & the husband dies, can she get his Social Security & pension if she is 60 years old? He worked at Harley Davidson as a bike repai… read more
Ray
Ray
Lawyer
Doctoral Degree
33,059 satisfied customers
Is common law marriage legal in State? State. We have been
Is common law marriage legal in Washington State? JA: Because family law varies from place to place, can you tell me what state this is in? Customer: Washington State JA: Has anything been filed or re… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,247 satisfied customers
Does common law marriage exist in ca. No my brother and his
no my brother and his "wife" have been together for over thirty years they shear assets he is a viet nam vet and he is very ill … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,166 satisfied customers
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
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
193 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

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