Posted in Common Law

Are You Common Law Married?

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Early Common Law Systems

To do so, the party would have to present the couple had lived together for an prolonged interval in Colorado, they supposed to be married, and held themselves out as married to their neighborhood in Colorado. If the couple met the necessities of common regulation marriage of Colorado while residing in Colorado, then New Mexico courts might proceed with the divorce as if the couple have been legally married within the state of New Mexico.

New Mexico does acknowledge frequent legislation marriages provided that the marriage would have been held authorized in another state. For instance, if an single couple from Colorado recently moved to New Mexico and one of many parties filed for divorce, then that celebration would have to claim the couple was married under the widespread law marriage legislation of Colorado.

A unanimous choice by the South Carolina Supreme Court is taking over what many state lawmakers have called an outdated system. “I’ve thought this may be an improvement to our system for a very long time and I’m glad the courts have done away with it,” said Bruce Bannister, state consultant for District 24 and a divorce and family lawyer. The system started nicely before South Carolina was even a state relationship back even earlier than colonial days. At the time, widespread legislation marriage benefited couples who may not have had access to a court or priest to get married. “It was a way to get around those logistical problems for a … Read More