South Carolina- Am I common law married? Do I need a divorce?

This is a discussion on South Carolina- Am I common law married? Do I need a divorce? within the Other Family Law Matters forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My ex and I lived together for about two years in South Carolina. I was stupid and young and I ...

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Old Apr 20th, 2011, 09:23 PM   #1
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Red Face South Carolina- Am I common law married? Do I need a divorce?

My ex and I lived together for about two years in South Carolina. I was stupid and young and I told my co-workers that he was my husband so I could get him my discount on food! I also bought myself a ring and told some people that he was my common-law husband, all of that just out of vanity. That's it. I never used his last name. As far as I know he never told people I was his wife nor did we ever enter into any contracts, file any taxes, or purchase anything together (although he did make me an authorized user on one of his credit cards and we had a joint checking account which has been closed for two years).

I don't think our relationship constituted a SC common law marriage, the criteria being (as far as I can tell): (1) when two parties have a present intent (usually, but not necessarily, evidenced by a public and unequivocal declaration) to enter into a marriage contract; and (2) "a mutual agreement between the parties to assume toward each other the relation of husband and wife."

Do I need a lawyer to make sure? I just don't want for this to somehow bite me in the behind in the future, who knows what he could say? Is there some way we can make out an agreement now, after the fact, that states that we never mutually held ourselves out to be married?

I know my behavior was very stupid, you can forgo the chastizing, but I would greatly appreciate any input. Thank you!
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Old Apr 21st, 2011, 01:00 AM   #2
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Default Re: South Carolina- Am I common law married? Do I need a divorce?

I wish to inform you that in the case of Tarnowski v. Lieberman (S.C. Ct. App. 2002) it was expressed by court that parties must have intention to have marriage contract. In this, when you had told your friends that your ex was your husband or had bought a ring then your intention for marriage may be seen, but at present the activities are from your side and not the other side. You may claim that you do not have a common law marriage because there was no joint intention of parties to have marriage. The requirement is of two parties and in present case only your intention can be seen and not of the other person. Therefore, you may claim that you are not common law spouse and therefore no divorce requirement applies in your case.

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