Legal Question in Family Law in South Carolina

Commonlaw marriage

If my ex-girlfriend and I met in South Carolina and started living together, moved to Florida and filed Federal Income Taxes together as married jointly. Do I have to file for divorce to marry someone else?


Asked on 8/12/08, 1:07 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Commonlaw marriage

Since I am only licensed in SC, I can only answer you from the SC perspective. However, if you lived here, considered yourselves to be husband and wife, and held yourselves out to others as being married, then there's a good chance that you _are_ common law married under SC law. Therefore, the safest option is to file for a divorce to be sure that all of the necessary issues are handled appropriately and thus avoid problems in the future.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case. If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 8/17/08, 3:27 pm


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