Affidavit Of Common Law Marriage

Question: Can you file for a marriage license if you are already married by common law? On 8-8-2008 my husband were married in the state of Colorado by a common law marriage affidavit because he has been incarcerated since March of that year, but we are now hoping that he will be released in November, and we were hoping to get married in a more traditional way. So I was just curious, since we are already considered married by the state, is it at all possible for us to apply for and to obtain a marriage license? I would like to have one so I can have it as a keep sake, but I'm worried about if we'll be able to get one or not.

Answer: You did not establish a common law marriage as required by the state of Colorado. You are free to marry through the 'normal channels'.

Question: Can you annul a common law marriage in texas? I previously filed joint returns with the father of my children, now the IRS is auditing me every year and has changed my filing status to married filing separately for 07/08. I had filed single then head of household those two years. The father of my kids still lives in my house, he refuses to leave. The audit(s) have resulted in ridiculous amounts that they now say I owe, most of it is because he has his own business and doesn't keep good records, and they are denying all his deductions. And in Texas they can put a portion of his (revised) income on my return if the status is married filing separately, hence the reason why they changed my status. He is an uneducated undisciplined person who won't keep records or file his own taxes and probably will never pay them. Does filing a joint return automatically make you just as married as a church wedding or other ceremony? I guess I have to have some kind of legal document to get them off my back but don't know if I should shoot for annulment or divorce. I thought annulment because a) it would be an agreed annulment and b) you are supposed to have the intent to get married, and neither of us realized that filing jointly would make us officially married. Or -- maybe the joint returns did not magically make us officially married --and the IRS is just bulllying us. Can they really force me to file as a married person? We have given them an affidavit, signed by both of us and notarized, that says we are not married.

Answer: The joint returns don't magically make you married, but a court would take them as evidence that a common law marriage did exist. If you were holding yourself out to the public on a regular basis as being married, then a judge could find that you were. Common law marriages are just like registered marriages: you have to go to court and get a divorce decree to dissolve them. Unfortunately, you're in a bind, because if you try to argue that you weren't married and so the IRS should not be changing your status, then you are admitting to tax fraud in the year when you did file jointly. You need a lawyer, like, yesterday. The lawyer would never have let you send a notarized statement to the IRS admitting tax fraud. You should have had a tax lawyer during this whole process. That lawyer could have petitioned to have you file jointly for the years in question, which should reduce your penalty. Or perhaps they could have argued that all the returns should have been as single. Perhaps they still can.

Question: My girlfriend added me to insurance at work comman law marriage guidlines? in SC where comman law is legal I signed a paper later to find out an affidavit that had to be sighned. I had heard of Common Law but my State doesnt recognize comman law. I have asked to see that Paper and she refuses to let me. After found out what form was called she said she did not know alot about it But she Works in HUMAN RESOURSES HELPPPPPPPPPPPPPP

Answer: I'm sorry but you're common law married. She ropped you in.

Question: Can i get a affidavit for informal marriage even if im still married to my ex? Ive been seperated for a while now, I met someone and he is currently in prison. aswell as my ex he is dating women here and there.....anyway I already paid a lawyer full amount for a divorce.. my boyfrien and i only get non contact visits, and in his visiting list am considered a friend cuz were not legally married, he mailed me a affidavit and am requiring it to get it notarized so we can be a common in law husband and wife,, in that affidavit it asks for my birthplac and social security number, and it says for the purpose of tdcj....we just nwant to do this to so we can get contact visits. I heard that the notarys usually put it in their computer etc.. so in the government computer itll say were common in law .. if im going thru a divorce can it affect me ? will his lawyer bring it up in the court?

Answer: Wow, are you telling me that there isn't a man who managed to stay out of prison that you would prefer to be with? Thats a shame. I hope you realize you can do better. As far as being married to someone and trying to become common in law, yes that will probably be a problem.

Question: I am a california resident and I live with my gf and we are like husband and wife.? Since california does not recognise common law marriage, if I went with her to a state for a few days which recongises it and signed an affidavit of support would that be applicable for us. I am trying to know this because we can be eligible to tax benefits which helps us as we live together.

Answer: no ,it only goes as far as the state that you are in.if it is not recognized in California it won't work. try marriage because then you can get more benefits.and if anything happens to either one of you( if one of you go in the hospital )you won't have a say in any of the treatment options. good luck.

Question: did my petitioner make a mistake on his i-864 AOS? 10PTS**? okay well...this is basically where i need the help. its in Part 5 my uncle is unmarried and has 3 children in his care.... yet on the form this is how i see his info laid out : (please tell me if it is wrong) ..: PART 5. Sponsor;s household size - DO NOT COUNT ANYONE TWICE Persons you are sponsoring in this affidavit: a) Enter the number you entered on line 10 (04) Persons NOT sponsored in this affidavit: b) Yourself (01) c) If you are currently married, enter "1" for your spouse ( ) d) if you have dependent children, enter the number here ( ) ( ) e) if you have any other dependents,enter the number here ( ) (1 ) f) if you have sponsored any other persons on an i-864 or ( ) (1 ) i-864 EZ who are now lawful permanent residents, enter the number here. ....................................................................................................... Now i would like to know what errors my petitioner made here (if any) based on the following facts: * He has 3 children of his own * He is in a common law marriage in which he has had these 3 children * He brought his wife to the US from another country * it is a family based immigrant visa *he is my brother and is sponsoring my wife and 2 kids

Answer: well, whether he's married or not, he still has 3 dependent children and his common law wife. so d should be 3. counting you and your wife and 2 children, he would be supporting 9 people. his common law wife's income could be counted though.

Question: Am i legally married? my ex and i signed and notarized a common law affidavit.it recognized that we had been cohabiting as husband and wife since march 2001. attached was the documents proving our shared assets, joint purchasing power, bank accounts, lease agreements, etc. i was originally told by the local legal aid office that we are married and i need to file for divorce. however, i later asked a divorce lawyer who told me, in the state of texas (where i live), my ex and i needed to file our affidavit with the county clerks office in addition to having it notarized in order for it to be a legal marriage.. basically, she said i wasn't married. any one elses input would be greatly appreciated?

Answer: If the lawyer told you that you're not even married, I would listen to her. Since consults are free, talk to another lawyer and see what they say. If two different lawyers tell you the same thing, go with it. Just make sure that you personally go and take your name off of leases, bank accounts and other things.

Question: I have lived with my husband for 21 yrs. We have an affidavit of common law marriage from 1994. I never had my? name changed on my Social Security Card. Now my employer told me i have to or be terminated. But the SS Administration said common law is not recognized in Kansas. She said my only choice is to get married or change my name on my license to my maiden name. What can i do?

Answer: Get married, change the name on your social security card, or change the name on your license. You almost certainly work in "at will" state - which means your employer can fire you at any time for any reason.