Common Law Marriage

[allansc2005]

Wasn't sure what Forum category this question belongs, but I'll start here.

 

Got a veteran who's been in a common law marriage since 2006. Living together, joint bank accounts, life insurance policies naming the other as  the payee...which are requirements to establish common law.

 

The state the veteran lives in basically "outlawed" common law marriages in 2019, however there is a "grandfather clause"  Stone -V- Thompson, which allows the common law that occurred before 2019.

 

So, knowing that the VA, Military, Feds.., all recognize common law marriages as long as the state of residence allows it, here is my question:

 

How/where does the veteran and his common law wife need to start in order to get her a dependent ID card?(He's 100% P&T), and they were together long before he was awarded 100%

 

Where do they need to go, and what paperwork do they need prior to going to the on base ID card office?

 

Allan 2-2-0 HOOAH!

 

 

 

 

[jamescripps2]

Probably not the answer that you are looking for but, the easiest way to take care of that situation and get the base ID card is to obtain a marriage license, then visit the Justice of The Peace.

[Whodat]

Not going to happen. DEERS is very strict on that piece. Produce a marriage license. Not a common law.

[broncovet]

I agree.  My brother wanted the "benefits of marriage" without actually getting married.  It did not work out that well for him.  

He got married a few months ago, at his age 69. 

[blahsaysme2u]

69....... NIIIIIIIIIIIIIIIIIIIIIICE

 

[allansc2005]

@jamescripps2 , broncovet, Whodat..et al

Just got confirmation from the JAG office that the SJA for each base/post will have to determine IF common law marriage is "valid", and that the state laws(s) requirements are/were met.

Once the SJA makes a determination that all common law(s) are met, then he/she-SJA will write an official ruling for the ID card office directing that the common law wife/husband be issued an ID card. 

 

Hopefully me answering my own question will help others with these same question(s) concerning common law and ID cards.

 

Oh and jamescripps2, I'm not about to tell the veteran to "visit the Justice Of The Peace". Would you?

 

Allan 2-2-0 HOOAH!

 

 

 

 

 

 

[MilvetHD]

It's unfortunate people want the benefits of marriage w/o a marriage. It may be legal but It sure stinks that a gf/bf/ or anything in between can receive such a benefit. I mean it wasn't that long ago that honorably discharged veterans couldn't get access to DOD facilities.