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]

A visit to the Justice Of The Peace is exactly what I would recommend to my veteran friend who was in the same situation.

[allansc2005]

UPDATE:

Turns out the process is a lot easier and simpler than it's made out to be.

DEERS basically goes along with what the VA considers as requirements to be considered a "dependent"

 

Three VA forms, 21P-4138, 21-4171 and VA form 4170 are filled out and submitted to the VA via normal channels-Ebenefits page, mail-in..,etc.

 

The VA form 21P-4138 filled out by two or more "observers" establishes common law, which is recognized by the VA.

Once the VA accepts the above documents and determines that common law is "legal" in the state of residence, the VA then adds the dependent(husband, wife..) to the veteran's records as a "spouse", then sends the veteran a change in marital status document recognizing the spouse as a dependent.

 

The veteran then makes an appointment with the ID card section on base/post.., brings the dependent and other required information to the appointment, and gets the ID card.

 

Tedious? Yes

 

As far as the comments concerning "get married, justice of the peace..", that's not my decision to make, nor would I even bring up that notion; it's none of my business what a couple decides as far as matrimony.

 

I was only asked about common law marriage as seen by the VA, DEERS..

 

Hope this helps others in the same situation.

 

Thanks for all the input.

 

Allan 2-2-0 HOOAH!

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[broncovet]

As the police sometimes say, "you can do this the easy way or the hard way".  

It sounds like that was the hard way.   

My brother never married his "wife", even after 3 children.  It did not matter he had to get a divorce anyway from his common law wife.   

In many things we try to "get the benefits" without the responsibilities that come with it.  It rarely works all that well.  

It sort of reminds me of someone who does not want to work but they want money.  

It rarely works out well for them, either.  

Sometimes, its a lot easier to "just pay the price", and then enjoy the benefits.  

 

[allansc2005]

broncovet,

I rarely get personally involved when veterans ask me VA-related questions, nor should I.

 

The laws that are in place are there for a reason, and the same holds true for common laws.

 

My happiness comes when the help and information I provide veterans helps them with their cause(s).

 

Personally, I would never marry again, and don't expect anyone to feel the same.

 

For hadit.com purposes, I served the veteran well. He has all the documents he needs, and knows what to do with them.

 

As a footnote, I got a few ugly emails over this subject, but that's life when you post in Forums.

 

"Don't judge me unless you've walked a mile in my moccasins"   -Old Indian proverb.

 

Allan 2-2-0 HOOAH!