My common law wife and I are moving to North Carolina from Georgia. Will North Carolina recognize my marriage?
The definition of marriage and the related divorce proceedings vary from state to state. However it is generally true that when recognizing the validity of a marriage between a man and a woman that divorce courts in most states will uphold the validity of a marriage legally upheld by another state.
Some folks even move to a different state because they incorrectly believe they can obtain a better divorce settlement from their common law marriage. Others move to a different state because they believe their common law marriage will have more legal validity in that state than another state. There are more myths than divorce facts surrounding the legal status of common law marriage in the USA.
Even though the state of North Carolina does not recognize common law marriages, some common law marriages do hold validity in the state of North Carolina. For example, if you and your wife established a common law marriage in the state of Georgia prior to January 1, 1997, then your marriage would be recognized as valid by the state of North Carolina as well as the state of Georgia. If you and your wife established your common law marriage in the state of Georgia on or after January 1, 1997, then your marriage would be not be recognized as valid by the state of North Carolina or the state of Georgia.
While the court of North Carolina may not recognize your common law marriage if it occurred on or after January 1, 1997 in the state of Georgia, they do recognize contract rights between you and your wife. If an unmarried couple enters an express or implied contract, North Carolina Courts will generally enforce it under contract law unless it is based on sexual services. Therefore, couples who live together often have claims to property under a contract theory. For example, if one promises to deed half the house to the other partner in exchange for “fixing it up,” a contract claim may be made. Also, if the parties purchase a house together as an unmarried couple and later split up, one may have to sue the other with a Petition to Partition to divide their legal interests in the real property.
Most legal counsel advises that common law marriage isn’t something to enter lightly. If you are married by common law and then decide to end the relationship, you will still require a legal divorce as many of the rules of divorce apply to common law marriages too. In this way, common law marriages are similar to regular marriages: they are usually easier to get into than to get out of.
Call The Law Office of Stephen M. Corby today for a free consultation with one of our experienced divorce lawyers. We would be happy to talk with you about your concerns regarding the legal status of your marriage in North Carolina.
Is the transmission in your Mercedes in trouble? If you’re having transmission problems with your vehicle, then finding a solution right away is the best way to protect your vehicle and ensure that it keeps functioning properly. For some, the best solution is purchasing an entirely new transmission. While this can be effective, it can also be costly, and it’s not the best choice for all drivers.Before you spend your money on a new transmission, consider how purchasing a remanufactured transmission can benefit you.
For most people, one of the top benefits of choosing a remanufactured transmission is low cost. Compared to purchasing an all new transmission, remanufactured transmissions are usually much cheaper. If you’re looking for a way to save money but you still want to ensure that the remanufactured transmission is something that you can trust, you should do some research. Find a company that offers you great rates, little or no core deposit, and a warranty. This can give you the peace of mind that you require in order to opt for the transmission that has the lower cost.
The Best of the Best
One of the major reasons to consider a remanufactured transmission is that you can guarantee that your transmission has all of the latest parts and fittings. When you purchase a new transmission, you may be getting a transmission that is technically new but has been sitting on a shelf for a few years. If you’re looking for the best performance, then opting for a remanufactured transmission may be the best way to ensure that. Remanufactured transmissions will offer you great updates that ensure your vehicle runs smoothly, and you won’t have to spend a fortune on them.
One of the cons of purchasing a remanufactured transmission is that it might not offer the type of warranty that you’re looking for. With a new transmission, you may be able to get a lengthy warranty, but you need to consider at what cost. If you choose to work with the right remanufactured transmission dealer, you may be able to get a great deal and a good warranty on the transmission. At Sun Valley Mercedes Transmission, we offer a two-year unlimited mileage warranty with all of our remanufactured transmissions. That means you can drive with complete confidence that your transmission is going to serve you properly.
If you’re looking for a new transmission for your Mercedes, look to the pros at Sun Valley Mercedes Transmission. We can offer you an remanufactured automatic transmission that will help your vehicle run smoothly. Call us today at 818-782-2300 to speak to one of our transmission specialists about your options!
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Spousal maintenanceis commonly referred to as divorce alimony. Any dissolution of marriage involving one of the spouses seeking spousal maintenance is ideally handled by an experienced divorce attorney who knows how to make equitable divorce settlements. Factors determining eligibility for spousal support are many, but the main factors include (1) all the financial resources of the spouse seeking support; (2) education and employment skills, time necessary for education or vocational training; (3) duration of the marriage; (4) age, employment history, earning ability, as well as the emotional and physical well being of the spouse; and (5) the efforts of the spouse seeking spousal maintenance to obtain suitable employment.
Texas House Bill 901 became effective for divorce cases filed on or after September 1, 2011 and changed the factors required to be considered by a court in determining the nature, amount, duration, and manner of periodic payments for a spouse who is eligible to receive maintenance.
Here are a few of the more important changes regarding spousal maintenance awards:
1. Previously, the maximum amount of spousal support the courts could award was $2,500 per month. Today, the maximum amount is $5,000 per month. (However the award cannot exceed 20% of the payer’s average gross monthly income.)
2. Depending on the length of the marriage, spousal maintenance can extend to a maximum of 10 years (if parties were married for more than 30 years).
3. In order to receive “maintenance,” (which is the statutory term for spousal support), the spouse seeking support must lack sufficient property to provide for their “minimum reasonable needs”, AND one of the following:
(1) The recipient must be unable to earn sufficient income to provide for his or her minimum reasonable needs because of an incapacitating mental or physical disability;
(2) The marriage lasted for 10 years or longer and the recipient lacks the ability to earn sufficient income to provide for his or her minimum reasonable needs;
(3) The recipient is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs; OR
(4) The person ordered to pay support was convicted of or received deferred jurisdiction for an act of family violence during the pendency of the suit or within two years of the date the suit is filed.
In cases where the maintenance is awarded due to the mental or physical disability of the spouse or a child of the marriage, the court may order that the maintenance continue as long as the disability continues.
Contact LaFour Law today and schedule a consultation with one of our divorce attorneys to discuss your issues and concerns related to spousal maintenance. One of our experienced divorce lawyers can assist you in sifting through these important considerations—all of which can ultimately impact the quality of your life for years to come.