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  • Common Law Marriage - Common Law Marriage Law Resources - LawInfo
    There are some states like Alabama and Texas that recognize such marriages and give the parties involved the same rights and benefits that legally married people receive However there are others like California and Colorado that do not recognize such relationships Currently there are only nine states that permit common law marriages However all other states recognize common law marriages that were lawfully entered in jurisdictions that permit it Also of note is the fact that while a number of states recognize same sex marriages with the same legal significance as a union between heterosexuals only the state of Iowa permits and recognizes same sex common law marriages However the law is constantly changing and other states may follow suit Some Requirements of a Common Law Marriage Although the requirements of a common law marriage differ from state to state many states require a showing of one or more of the following Capacity with respect to age marital status and mental fitness The parties must be above the state s legal age single divorced or widowed and have adequate mental abilities Present agreement to enter the marriage relationship Mutual consent to be in a marriage and to exclude all others Public recognition of the existence of the marriage and living together Mutual assumption openly of marital duties and obligation Share this information Search LawInfo s Common Law Marriage Resources Still have questions Contact experienced Common Law Marriage Attorneys on LawInfo com or learn more about Marriage Find an Attorney in Your Area Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Child Support Child Custody Domestic Violence Common Law Marriage Videos Common Law Marriage Advertisements Find An Attorney By Practice Area By Location By Name Resources Hot Legal Issues Legal Forms Legal

    Original URL path: http://www.lawinfo.com/common-law-marriage.html (2016-02-15)
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  • Community Property - Community Property Law Resources - LawInfo
    property Separate property can become community property For example when legal title to an automobile or real estate is changed to both husband and wife it becomes community property However certain exceptions exist If the wife or the husband receives a gift or an inheritance it remains separate property and need not be shared with the person s spouse Spouses generally also share debts Creditors can reach all or part of community property depending on state law which can vary broadly Community Property States The nine community property states are Arizona California Idaho Louisiana New Mexico Nevada Texas Washington and Wisconsin The other 41 states operate under common law property statutes which generally provide that each spouse has separate property and each is responsible only for his or her own debts Community Property and Divorce In the event of a divorce which spouse brought the property into the marriage can be important in deciding if an asset is community or separate property Some states divide community property equally others rely on the discretion of the judge and in a few the guilt of a spouse in causing the divorce can impact the division of property Community Property Law Regarding Federal Income Tax Married couples in community property states must follow their state s community property law when filing their income taxes and calculating their tax liability Federal tax law generally follows state law in determining what community property is and is not This also applies to domestic partners and same gender partners in California Nevada and Washington Death of a Spouse When one spouse dies only half of the community property is inheritable That is because the surviving spouse owns his or her half of the community property Share this information Search LawInfo s Community Property Resources Still have questions

    Original URL path: http://www.lawinfo.com/community-property.html (2016-02-15)
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  • Legal Marriage Basics - Legal Marriage Basics Law Resources - LawInfo
    license and attending a marriage ceremony officiated by a clergyman a judge or an authorized governmental official who is permitted by law to perform marriage ceremonies The other is by common law That means a couple who are of legal age and mental capacity to marry have agreed to live together as spouses and have done so for a certain period of time without benefit of a marriage license or ceremony but within the bounds of their state s common law marriage statutes Common Law Marriage The validity of a common law marriage varies from state to state Fourteen states recognize common law marriages They are Alabama Colorado Georgia Idaho Iowa Kansas Montana Ohio Oklahoma Pennsylvania Rhode Island South Carolina Texas and Utah Couples living together as spouses in states that recognize common law marriages and move to a state that does not recognize common law marriages are recognized as married The U S Constitution requires states to recognize the marriages of couples in other states Some states that do not recognize common law marriages may still recognize the rights of spouses in pensions and employment contacts However in states that do not recognize common law marriages the rights of spouses joined by common law is a grey area of law Ending a Marriage Traditional marriages can end in three ways by death divorce or annulment Even though common law marriages did not have a marriage license or a wedding ending a common law marriage requires filing dissolution of marriage petition with the state court Share this information Search LawInfo s Legal Marriage Basics Resources Still have questions Contact experienced Legal Marriage Basics Attorneys on LawInfo com or learn more about Marriage Find an Attorney in Your Area Legal Issue e g Personal Injury Location Area Code OR City State

    Original URL path: http://www.lawinfo.com/legal-marriage-basics.html (2016-02-15)
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  • Marital Age of Consent - Marital Age of Consent Law Resources - LawInfo
    majority at 19 years old and in Mississippi majority is 21 years old However the marital age of consent can be lowered to 16 years old in most states if the couple desiring to marry has the consent of their parents or a legal guardian Pregnancy and a born child is another exception In these situations some states allow marriage at age 16 This may require court approval The court must also accept the objection to marry at age 16 even though parents and guardians are responsible for rearing and protecting a child until the age of 18 Delaware Florida Georgia Kentucky Maryland and Oklahoma allow pregnant 16 year olds and those who already have given birth to marry without parental consent Florida Kentucky and Oklahoma still require court approval Consult the state s marital age of consent law for state specific information Share this information Search LawInfo s Marital Age of Consent Resources Still have questions Contact experienced Marital Age of Consent Attorneys on LawInfo com or learn more about Marriage Find an Attorney in Your Area Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Child Support Child Custody Domestic

    Original URL path: http://www.lawinfo.com/marital-age-of-consent.html (2016-02-15)
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  • Marital Debt - Marital Debt Law Resources - LawInfo
    debts taken on during the marriage are generally the responsibility of both spouses in community property states even though one spouse signed for the debt Divorce and Legal Separations In situations of divorce and legal separations each spouse is generally responsible for his or her own new debts except if the debt is used to pay for a family necessity or to maintain a home that they own together or continue to hold a joint account Shared Income and Property Community property states provide that the income of both spouses is shared as long as they are married and so is the property they acquired during the marriage However if one spouse receives an inheritance or a gift is is kept separate Also kept separate is any property one of them had before the marriage as long as that property has been maintained separately Property owned before a marriage remains separate as does property acquired after a divorce The same is true in common law states In common law states the income of one spouse is the sole asset of that spouse if the income is maintained separately Any assets purchased by the income of one spouse remains the property of that particular spouse when the title to the property is only in the name of the spouse who earned the income Debt Collection Creditors collecting a debt in a community property state can obtain the joint assets of a marriage even when the debt was incurred by one spouse This includes the income of both parties An exception is child support If a divorced parent owes child support and has remarried a creditor can collect the debt from that person but not that person s new spouse Creditors also might collect from the spouse who took on the debt

    Original URL path: http://www.lawinfo.com/marital-debt.html (2016-02-15)
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  • Marriage License - Marriage License Law Resources - LawInfo
    information provided is true Providing false information on the marriage license application is illegal The couple can be charged with a misdemeanor crime or with perjury Documented proof of other information that may be required includes Vaccination for certain diseases including venereal diseases rubella tuberculosis and sickle cell anemia Termination of prior marriages HIV test Marriage License Issuance Upon completing the marriage license application the county clerk s office or the clerk of the court will issue the marriage license When the license is issued depends on state law Some states issue the license immediately Others require a waiting period from one to six days as a cooling off period The marriage license is valid for a limited time usually 30 or 60 days The marriage license means the couple has legal authority to enter into a marriage contract It does not mean the couple is married Marriage Certificate Couples may be married in a religious ceremony by a justice of the peace by a judge or other authorized officiant allowed by the state Ship captains cannot marry people No state allows that After the marriage ceremony the couple their witnesses and the authorized officiant sign the marriage license The officiant files the license with the governmental office that issued it and it becomes part of the state s public record The governmental office then mails the marriage certificate to the newly married couple Validity of Marriages A marriage in one state is recognized in all states under the Full Faith and Credit Clause of the U S Constitution Marriages that took place overseas are usually valid in all states if the marriage was lawful where it occurred Not many states require the marriage to be consummated by sexual relations However if consummation does not occur grounds may exist for

    Original URL path: http://www.lawinfo.com/marriage-license.html (2016-02-15)
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  • Name Change - Name Change Law Resources - LawInfo
    Americanized name If someone simply starts going by a name other than his or her birth name the name is said to be changed by using it However a court order is likely needed before institutions such as banks and governments accept the name change This method is acceptable in some 46 states Anybody can change their name just because they want to do so But limitations exist for the new name Name Change Restrictions A person cannot change if his or her intent is to Commit a crime Avoid paying debts Prevent being sued Interfere with another person Interfere with the rights of others Intentionally confuse For example selecting the name of a famous person with intent to mislead would be interfering with that celebrity A court is likely to require that the petitioner has a very good reason for selecting the name of a famous person Changing a name to a number or punctuation is usually considered to be intentionally confusing Also not allowed are words that are considered obscene or a racial slur or words that are seen as threatening or able to provoke violence Applying for a Name Change Although just going by another name is not against the law of most states changing names legally will eliminate any confusion that may arise in financial and governmental matters A person who wants to change names makes an application to do so with the state court The court may ask the name change applicant may to provide a good reason for changing names but generally the court cannot arbitrarily deny the name change if no fraudulent intent exists Necessary Next Steps to Change Name Persons with new names must notify a number of governmental agencies financial institutions and personal affiliations These include Social Security Administration State Department

    Original URL path: http://www.lawinfo.com/name-change.html (2016-02-15)
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  • Prenuptial Agreement - Prenuptial Agreement Law Resources - LawInfo
    restricted in most states Provisions that detail or encourage illegal activity Child support and child custody issues Waiving of alimony Provisions about personal matters financial matters are allowed Any provision that encourages divorce Permitted in a Prenuptial Agreement Most states allow the following provisions to be included in a prenuptial agreement Provisions about how property owned by only one party separate property should be handled Retirement benefits and savings contributions Deductions for tax returns Arrangements regarding paying for education or other major expenses like a house Provisions about participating in mediation and arbitration if it becomes necessary Agreements on the use of credit cards The information on this page is meant to provide a general overview of the law The laws in your state and or city may deviate significantly from those described here If you have specific questions related to your situation you should speak with a local attorney or find qualified local Prenuptial Agreement Lawyers on LawInfo Or click to find Prenuptial Agreement Lawyers in a specific location Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Share this information Search LawInfo s Prenuptial Agreement Resources Still have questions Contact experienced Prenuptial Agreement Lawyers on LawInfo com or learn more about Marriage Find an Attorney in Your Area Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Child Support Child Custody Domestic Violence Advertisements Find An Attorney By Practice Area By Location By Name Resources Hot

    Original URL path: http://www.lawinfo.com/prenuptial-agreement.html (2016-02-15)
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