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Common Law Marriage

Understand the Legal Principle of Prima Facie

Understand the Legal Principle of Prima Facie

In the United States, the prosecution is usually appointed the burden of proof. As a result, the prosecution must provide evidence that proves the defendant’s guilty. The evidence must convince the jury that the defendant has committed the offense that he/she has been accused of. However, before a criminal case can unfold, the prosecution must provide the court with prima facie evidence, in an initial trial.
 Prima facie evidence is the original evidence that is presented to a court. When a crime is committed, there are many elements, aspects, and facts associated with the incident. Each of these features must be proven with evidence. This includes the defendant’s motive, intention, and actions, as well as the results of the defendant’s actions and his/her guilt. 
Prima facie evidence is evidence that is provided to address each of the factors that must be proven prior to the initiation of a criminal case. If the prosecution can not provide the prima facie evidence that is necessary to prove that the defendant had the motive, intent, and opportunity to commit the offense in question, as well as evidence that effectively indicates the defendant’s guilt, than it the case may be dismissed. 
If the necessary prima facie evidence is present and provides compelling evidence that the defendant is responsible for the offense, than the criminal case will continue. It is only after the prima facie evidence has been presented and analyzed that the defense will have the opportunity to argue or explain the evidence that has been provided. Prima facie evidence is an essential aspect of any case. 

Read This Before Entering Into A Common Law Marriage in Texas

Read This Before Entering Into A Common Law Marriage in Texas

What is Common Law Marriage in Texas?

Common Law Marriage is a matrimonial institution that allows for a couple to be considered as legally married; in the case of common law marriage, couples are neither required to participate in wedding ceremonies nor obtain certifications of marriage. Common law marriage in Texas mirrors the legal instrument of a common law marriage or partnership within States that recognize Common Law Marriage as a viable, matrimonial institution; although the legality surrounding a common law marriage is neither uniform nor unconditionally-recognized within the United States of America, Common Law Marriage in Texas legislation not only recognizes Common Law, but also enacts the Full Faith and Credit Clause as expressed within the United States’ Constitution in Article IV, Section 1.

What is the ‘Full Faith and Credit Clause’?

This Clause states that judicial, legislative, and statutory rulings enacted within individual States are required to be recognized by other States; with regard to Common Law Marriage, the Texas law not only allows for the undertaking of Common Law Partnerships, but also enacts the ‘Full Faith and Credit Clause’ with regard to Common Law Marriages enacted in other States.

How to File for Common Law Marriage in Texas

Couples residing in Texas will only be permitted to file for common law marriage in the event that they present the expressed desire to maintain a salient, long-term, and recognizable union. Due to the fact of prospective marriage fraud, Common Law Marriage in Texas legislation requires couples to not only undergo necessary measures of eligibility, but also undertake participation in applicable legislature for the divorce process. Officials in the State of Texas retain the right to conduct unannounced interviews and investigations of couples filing for common law marriage in Texas; the requirements for Common Law Marriage in Texas require that couples:

Present themselves as a married couple

Conduct themselves as a married couple, which consists of the sharing of residence

Claim one another as a spouse on all applicable documents, applications, and forms

Identify themselves as ‘married’ on all applicable documents, applications, and forms

Share a residence for a substantial period of time

Conduct themselves in the scope of marriage with the expectation that the marriage is a permanent and longstanding institution

The Divorce and Child Support Guidelines for Common Law Marriage in Texas

In the event that a common law partnership is dissolved in the State of Texas, the following stipulations exist:

Divorce

The following stipulations are acceptable grounds for divorce in the state of Texas:

The minimum duration of residence required for filing must exceed 6 months’ time in the state of Texas, and 60 days’ time within the specific county of residence

Divorces classified as circumstances retaining the absent of fault (‘No Fault Divorce’) are permitted in accordance with the following regulations – a separation of 3 years’ time must take place, as well as the classification of dissolution resulting from discord, adultery, or cruelty

Child Support

The following stipulations are applicable to the regulation of child support payments in the state of Texas:

In the event of a Common Law Marriage in Texas rendering 1 child, the non-custodial parent will be required to pay 20% of their respective net income

In the event of a Common Law Marriage in Texas rendering 2 children, the non-custodial parent will be required to pay 25% of their respective net income

In the event of a Common Law Marriage in Texas rendering 3 children, the non-custodial parent will be required to pay 30% of their respective net income

In the event of a Common Law Marriage in Texas rendering 4 children, the non-custodial parent will be required to pay 35% of their respective net income

In the event of a Common Law Marriage in Texas rendering 5 children, the non-custodial parent will be required to pay 40% of their respective net income

In the event of a Common Law Marriage in Texas rendering 6 – or more – children, the non-custodial parent will be required to make payments not exceeding those applicable to 5 children

What are the Common Law Marriage States

What are the Common Law Marriage StatesWhat are Common Law Marriage States?

As of March 2011 within the United States, there exist sixteen states that recognize a common law marriage as a legal and recognizable matrimonial institution; this recognition of common law marriage does not carry over to other States that do not recognize common law marriages.
The following 11 States enact Common Law Marriage:

Alabama
Colorado
Washington DC
Iowa
Kansas
Montana
Oklahoma
Rhode Island
South Carolina
Texas
Utah

Within the following 5 States that do not enact the process of common law marriage, supplementary stipulations specific to each State’s legislation exist:

Georgia

The common law marriage is recognized in the event that it was filed prior to January 1st, 1997

Idaho

The common law marriage is recognized in the event that it was filed prior to January 1st, 1996

New Hampshire

The common law marriage is recognized in the event that it was filed for inheritance purposes

Ohio

The common law marriage is recognized in the event that it was filed prior to October 10th, 1991

Pennsylvania

The common law marriage is recognized in the event that it was filed before January 1st, 2005

What is Common Law Marriage?

A Common law marriage is classified as a legal matrimony processes that allows for a couple who maintains romantic involvement to be considered legally wed; as in the case of a common law marriage, couples eligible to wed under the precepts of Common Law are not required to participate in a wedding ceremonies; furthermore, these couples are not required to obtain marriage certificates.

What is Common Law?

Common Law is considered to rely more heavily – if not completely – on the legal statutes and stipulations inherent to Case Law, which is a legal field within which past sentencing and review are employed as legal guidelines for sentencing; typically, the rulings enacted in the past will serve as guidelines with regard to future rulings.

What is the ‘Full Faith and Credit Clause’?

The ‘Full Faith and Credit Clause’ existing within the Constitution of the United States – in Article IV, Section 1 – mandates the requirement of individual States to recognize legal finding rendered by other State judiciaries, individual States are not required to recognize a Common Law Marriage as a legal institution regardless of whether or not they were enacted within Common Law Marriage States.

Guidelines of Common Law Marriage States

Couples eligible for Common Law Marriage – within Common Law Marriage States – are required to present themselves as a married couple both in conduct, as well as lifestyle; this includes behaving in a manner that is indicative of marriage permanent and longstanding in nature. Furthermore, couples eligible for Common Law Marriage within Common Law Marriage States are required to share a residence for a substantial period of time while undergoing a lifestyle illustrative of cohabitation; this will include a requirement to claim one another as a spouse on all applicable documents, applications, and forms.

States Allowing Common Law Marriage

States Allowing Common Law MarriageWhat is Common Law Marriage?

Common law marriage is a legal, matrimonial institution allowing a couple to be considered as legally married; in the case of a common law marriage, couples are neither required to participate in wedding ceremonies nor obtain certifications of marriage. The legality surrounding a common law marriage is neither uniform nor unconditionally-recognized within the United States of America.

What is Common Law?

Common Law Court systems are considered to be heavily reliant on past judicial decision and sentencing in lieu of stipulations and legal tenets expressed in the textual incarnation of the law. Common Law is considered to rely more heavily – if not completely – on the legal statutes and stipulations inherent to Case Law, which is a legal field within which past sentencing and review are employed as legal guidelines for sentencing. With regard to Common Law Marriage, the stipulations for review of the validity of a prospective marriage are typically expressed through the review of past legal cases.

Common Law Marriage in the United States

As of March 2011 within the United States, there exist sixteen states that recognize a common law marriage as a legal and recognizable matrimonial institution; this recognition of common law marriage does not carry over to other States that do not recognize common law marriages. Despite the ‘Full Faith and Credit Clause’ existing within the Constitution of the United States – in Article IV, Section 1 – which mandates the requirement of States to recognize legal finding rendered by other State judiciaries, individual States are not required to recognize a Common Law Marriage as a legal institution.

The following 12 States enact Common Law Marriage:

Alabama
Colorado
Washington DC
Iowa
Kansas
Montana
Oklahoma
Rhode Island
South Carolina
Texas
Utah

Within the following 5 States that do not enact the process of common law marriage, supplementary stipulations specific to each State’s legislation exist:

Georgia

The common law marriage is recognized in the event that it was filed prior to January 1st, 1997

Idaho

The common law marriage is recognized in the event that it was filed prior to January 1st, 1996

New Hampshire

The common law marriage is recognized in the event that it was filed for inheritance purposes

Ohio

The common law marriage is recognized in the event that it was filed prior to October 10th, 1991

Pennsylvania

The common law marriage is recognized in the event that it was filed before January 1st, 2005

Filing for Common Law Marriage

The following stipulations are necessary in order for a couple to be eligible for a Common Law Marriage, requiring the couple(s) in question to:

Present themselves as a married couple
Conduct themselves as a married couple, which consists of the sharing of residence
Claim one another as a spouse on all applicable documents, applications, and forms
Identify themselves as ‘married’ on all applicable documents, applications, and forms
Share a residence for a substantial period of time
Conduct themselves in the scope of marriage with the expectation that the marriage is a permanent and longstanding institution

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