SC Common Law Marriage Problems
So what do you do when someone wants to divorce you but you never actually married them? First, you argue that you cannot divorce someone who is not your spouse. But what if a court finds you are actually in a SC common law marriage? What are your options now? Rather, can you appeal this decision and avoid the divorce proceeding? As a result, the South Carolina Court of Appeals answers these questions in the recent case Stone v. Thompson. Keep reading. While interesting, it just may change how you should approach dating. After all, we want to be certain when considering marriage.
Case Facts
Mr. Stone served Ms. Thompson with divorce papers. He alleged that he and Ms. Thompson had a common-law marriage. Ms. Thompson asked the court to decide whether she had a common law marriage before looking at issues of divorce. The court agreed and after eight days held that a common law marriage existed.
Ms. Thompson immediately appealed this decision. However, the Court of Appeals dismissed Ms. Thompson’s appeal. The court held that Ms. Thompson cannot appeal the family court’s decision for several reasons. First, the family court’s decision does not end the case because the issues of divorce remain undecided. Second, the issue of a common law marriage was not the primary matter. The primary matter before the court was divorce. Third, Ms. Thompson can still appeal the court’s decision after the court decides the divorce issues.
Appealing a SC Common Law Marriage Finding
If a court says you had a common law marriage and you do not agree, you are not out of options. However, you may have to wait for the court to decide other claims before you appeal the common law marriage finding. So be careful when thinking about moving your relationship “to the next level.”