Virgin Islands Common Law Spouse or Marriage Declaration or Affidavit

State:
Multi-State
Control #:
US-344EM
Format:
Word; 
Rich Text
Instant download

Description

This form is a common-law spouse declaration and should only be used in states which recognize common-law marriages.

How to fill out Common Law Spouse Or Marriage Declaration Or Affidavit?

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FAQ

Sec. 32 a common law marriage cannot be entered into in the Virgin Islands "does not make it so offensive to local policy" so as to preclude recognition of a common law marriage entered into in a state where such a marriage is valid.

Florida recognizes common law marriages entered into in other states that recognize such unions. Individuals married in other states or foreign jurisdictions that legally recognize common law marriages, and who subsequently move to Florida, will have their marriages recognized in this state.

In addition to regular marriage, Australia, Brazil, and 11 US states recognize common law (or de facto) marriage, which allows one or both cohabiting partners to claim, under certain conditions, that an informal union is a marriage.

A common law marriage is a legally recognized marriage between two people who have not purchased a marriage license or had their marriage solemnized by a ceremony. Not all states have statutes addressing common law marriage. In some states case law and public policy determine validity.

Both common-law spouses must complete a Statement of Marital Relationship (form SSA-754) and provide an additional statement from a blood relative affirming the marriage (form SSA-753).

A common law marriage, therefore, may be recognized for immigration purposes if it is legal in the country or U.S. state where the couple lived or currently live and led to the attainment of the same marital rights as are granted to traditionally married couples in that locale.

A common law relationship is simply the act of living together in a marriage-like relationship without actually being legally married. It does not require any kind of legal process to create a common law union.

We recognize same-sex couples' marriages in all states, and some non-marital legal relationships (such as some civil unions and domestic partnerships), for purposes of determining entitlement to Social Security benefits, Medicare entitlement, and eligibility and payment amount for Supplemental Security Income (SSI).

The U.S. Virgin Islands are an unincorporated territory of the United States. Many but not all federal laws apply to the U.S. Virgin Islands. In addition to the U.S. Constitution, which is the supreme law of the U.S., federal laws include statutes that are periodically codified in the U.S. Code.

Common law spouses and former common law spouses can be eligible for Social Security benefits (dependents and survivors benefits) based on their husband's or wife's earnings record, if their states' common law marriage requirements are met.

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Virgin Islands Common Law Spouse or Marriage Declaration or Affidavit