The husband offered his own affidavit and deposition, the declarations of twelve other people, and cards from the wife. His affidavit stated the couple agreed to divorce to protect her from his creditors.
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He alleged they had agreed to be married after the divorce, but wanted to keep the relationship from the creditors. He stated they indicated they were not married and lived separately in formal documents, but presented themselves as married to friends and their families. He claimed they continued to live together and share expenses after their divorce.
The couple had two children together. The declarations from various friends and associates stated the declarants had heard the parties refer to each other as husband and wife.
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Many stated they had seen the couple living together. The wife argued she should receive the benefit of the rebuttable presumption that there was no agreement to be married when a divorce petition is filed more than two years after the parties separate. The husband had presented declarations of individuals who stated they had observed the couple living together in The appeals court found there was an issue of fact as to when the couple finally separated.
The wife was not entitled to the presumption. The appeals court then considered the elements of common law marriage.
The court first considered whether there was an agreement to be married. The couple had filed a joint tax return as a married couple in The wife had filed an amended return, but only after the husband had filed for divorce. She gave the husband anniversary cards referencing him as her husband in and She wore her wedding ring sometimes.
The court noted evidence of an agreement to be married may be circumstantial.
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The evidence was sufficient to raise a genuine issue of material fact. The court then considered whether the parties lived together as spouses. The husband stated they lived together until when they separated, but they moved back in together in until another separation in There were multiple affidavits stating the couple lived together, including one from the nanny and another from the landscaper. The couple had two children during the period the husband alleged they lived together.
The wife had given the husband the anniversary cards during that period. The appeals court found, however, the documents submitted by the wife reflected a different address for the husband raised a fact question rather than conclusively showing the parties lived separately. Courts will accept any of the following evidence as proof the couple held themselves out to be married:. The form must include.
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After that date, the court presumes there was no marriage. Although the presumption can be rebutted, it is much more difficult to do so after the two-year time limit has expired. Call now to schedule an appointment with the Law Offices of Frank E. Mann P. Consultations are free, and our legal team will do everything in their power to achieve your desired outcome in family court.
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Evidence Required to Prove a Couple Presented Themselves as a Married Couple It does not matter how many years a couple has lived together or whether or not they have children together. Courts will accept any of the following evidence as proof the couple held themselves out to be married: A rental agreement signed by both parties referring to them as husband and wife. Tax returns, state or federal, that are filed jointly as husband and wife. Any insurance policy that names one of the parties as the beneficiary spouse.
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Loan applications in both names referencing them as husband and wife. Testimony of anyone who met or knows the couple that the couple represented themselves as a married couple to other people. The form must include The county of residence. Documentation proving identity and age. Declaration that the parties are not related to each other in any way, including by way of adoption or having been a stepchild or stepparent. A declaration and oath that the parties consider themselves married including the date they began living together and they are neither one married to anyone else.
ipdwew0030atl2.public.registeredsite.com/487177-mobistealth-lg-g8s.php A certificate from the county clerk that the declaration and oath were made with the date of the declaration. Although the presumption can be rebutted, it is much more difficult to do so after the two-year time limit has expired Contact a Common Law Marriage Divorce Lawyer Call now to schedule an appointment with the Law Offices of Frank E.
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