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Old 09-08-2009, 11:01 AM
 
3 posts, read 9,959 times
Reputation: 13

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My common law husband and I lived in South Carolina for 12 years as man & wife, have a child together,insurance together, and even have filed taxes every year that we have been together... We have now moved to Delaware recently and know that they do not acknowledge common law marriages, but I've been researching and have read that they do acknowledge if the state that you lived in accepts it. My question....Is this so? We have even filed taxes in Delaware as husband and wife! Also do I have a legal right to use his last name as I did in South Carolina?
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Old 09-09-2009, 07:50 PM
 
Location: alive in the superunknown
542 posts, read 991,178 times
Reputation: 237
Sorry, I know nothing of marriage and tax laws in any state, but you guys have been living as husband and wife for so long, why not just make it official and save the confusion when filing taxes?
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Old 09-09-2009, 09:48 PM
 
3 posts, read 9,959 times
Reputation: 13
Oh trust me we have made the plans just never seemed to be any hurry..Too busy raising our children with the love of a complete family. We also own and run our own company so we have lived a very full and happy life that the paper didn't seem to matter all that much! it wasn't till we moved up north that anything has ever been questioned!
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Old 09-11-2009, 01:07 PM
 
Location: Winter Garden, FL
324 posts, read 1,220,295 times
Reputation: 148
$50 and Justice of the Peace will get you official...you probably will have to wait a month to do it in their office after getting the certificate for a date to be open (at least on a Friday)
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Old 09-11-2009, 01:11 PM
 
Location: Greenville, Delaware
4,726 posts, read 11,974,466 times
Reputation: 2650
There are also many legal protections that only marriage affords one. Otherwise you have to try to compensate by having a bunch of legal instruments drawn up, far more costly than a marriage license and civil ceremony. I know this isn't what the OP asked. You'd really have to consult a DE attorney conversant with family and tax law in order to answer the questions raised by the OP>
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Old 09-11-2009, 01:15 PM
 
Location: Newark, Delaware
728 posts, read 1,782,014 times
Reputation: 855
Just run over the border to Elkton, MD and get it done.
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Old 09-12-2009, 08:15 AM
 
Location: Kirkwood, DE and beautiful SXM!
12,054 posts, read 23,338,402 times
Reputation: 31918
48 hour waiting period and $60 at the Elkton Court House. Or, a little more expensive at the Little Wedding Chapel. Both are on Main Street. doctorjef is correct about the legal issues since any legal doc will cost more than $60.
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Old 09-23-2009, 12:18 PM
 
22 posts, read 83,786 times
Reputation: 11
Delaware does not recoginize common law marriages.

State Laws: Common Law Marriage - Divorce & Family Law Center
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