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South Carolina General Prison Talk, Introductions and Chit Chat Topics & Discussions relating to Prison & the Criminal Justice System in South Carolina that do not fit into any other South Carolina subforum. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind in addition to prison.

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Old 01-02-2016, 07:56 PM
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Default Has anyone been recognized as common law wife/husband in South Carolina??

Has anyone been recognized as common law wife/husband? I was wondering for those who aren't able to get married to their loved ones while they are incarcerate but may meet the stipulations for common law spouse (prior to the SC law changes in 2010).
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Old 07-26-2017, 10:06 PM
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Yes I am on his list as common law wife. He is still married to his first wife. But yes they acknowledge it.
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Old 07-27-2017, 06:35 AM
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If he's still married to his wife, then you aren't his common law wife. To be so would mean he is committing a felony. Not sure I'd be so cavalier about admitting to falsifying government records either.
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Old 07-27-2017, 12:49 PM
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Yes I am on his list as common law wife. He is still married to his first wife. But yes they acknowledge it.
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Old 07-27-2017, 07:26 PM
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You may be his contact, but once he's released, you will not be recognized as common law wife because as of January 2011, you can only be declared "common law spouse" if you were together before then. And there is that thing about the first wife...she's still legally, his wife.
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Old 07-27-2017, 11:49 PM
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You cannot meet the requirements of common law if he's already married. Does not mattered if he wasn't living with her but was living with you. Doesn't matter that he was holding you out to the world as his wife - that he already had a wife precludes you from actually being his wife.

He's either a bigamist, or, of you knew he was still married to another woman, you falsified state documents or some other felony of dishonesty.

As for anybody else, check with a SC attorney, but under the "full faith and credit" doctrine, if you met the criteria for common law marriage in another jurisdiction and then move to SC or just about any other state, then the marriage should be recognized by SC. The problem is, taxes and other documentation for that jurisdiction.... but, there's a work around for that law - if you come into a state already married, common law or licensed marriage, then the state must recognize that marriage. Now gay marriage has pushed on the doctrine somewhat, and it was considered a settled doctrine until gay marriage came along, but it still generally holds true. But, you have to meet the criteria for marriage, common law or otherwise in that other jurisdiction. If that other jurisdiction doesn't have common law marriage, you can't port over the SC criteria to that foriegn state to create a marriage. So, IA doesn't have common law. Hasn't for as long as I've been aware of it. If you lived in IA for a term equivalent to the SC common law and then moved to SC, you couldn't claim a SC common law marriage. Make sense?
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