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Question 1
Justine and Donald have lived together for three years. They have no children. Over the years they have told everyone they were married, but no ceremony was ever performed. Justine wants to terminate their relationship. They live in a state that recognizes common law marriage. What is the status of their marriage?
Correct
Incorrect!
Correct
Incorrect!
Correct Since Justine and Donald have fulfilled the requirements for a common law marriage in their state, they are considered married. As such, they must divorce in order to terminate their relationship.
Incorrect! Since Justine and Donald have fulfilled the requirements for a common law marriage in their state, they are considered married. As such, they must divorce in order to terminate their relationship.
Correct
Incorrect!
Question 2
Esther and Mark enter into a common law marriage in a state that recognizes common law marriage, meeting all the required prerequisites. They are worried about moving to Florida, a state that does not recognize common law marriage for its residents. What will be the status of their marriage after moving to Florida?
Correct Although states may not recognize common law marriage, it will accept those marriages that are considered valid in a jurisdiction that still recognizes common law marriage. Esther and Mark's common law marriage was considered valid in their former state. Accordingly, Florida has an obligation to recognize and accept the validity of their common law marriage
Incorrect! Although states may not recognize common law marriage, it will accept those marriages that are considered valid in a jurisdiction that still recognizes common law marriage. Esther and Mark's common law marriage was considered valid in their former state. Accordingly, Florida has an obligation to recognize and accept the validity of their common law marriage
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Frankenstein and Shelly lived together in Colorado (a common law state). They did not hold themselves out as married. They had children, but used different surnames. They never filed joint income taxes returns. When they moved to Mississippi after a job transfer they told everyone they were married. Shelly soon became tired of her new life and wanted to divorce Frankenstein. Frankenstein filed a motion to dismiss because they were never married. Who should the court hold for?
Correct
Incorrect!
Correct The court in the state of residence has jurisdiction to decide whether a common law marriage exists or not. Accordingly, the court should independently evaluate all the facts and circumstances surrounding the couple's life to determine whether a common law marriage existed or not in Colorado. Here, they did not fulfill the requirements to establish a common law marriage (e.g., holding oneself out as married, filing joint tax returns, using a common surname); therefore, they can go their separate way without court intervention.
Incorrect! The court in the state of residence has jurisdiction to decide whether a common law marriage exists or not. Accordingly, the court should independently evaluate all the facts and circumstances surrounding the couple's life to determine whether a common law marriage existed or not in Colorado. Here, they did not fulfill the requirements to establish a common law marriage (e.g., holding oneself out as married, filing joint tax returns, using a common surname); therefore, they can go their separate way without court intervention.
Correct
Incorrect!
Correct
Incorrect!
Question 4
Sharmela and Rohan have entered into a religious marriage in Utah; however, they never obtained a marriage license before the ceremony. In addition, they are aware that Utah recognizes common law marriage. Unbeknownst to Rohan, Sharmela was forced to enter the marriage and never really consented to it. After a few months of marriage, Rohan becomes dissatisfied with Sharmela's behavior and files for divorce. What will the court rule as to the status of their marriage?
Correct
Incorrect!
Correct One of the requirements for a common law marriage is that the parties must intend to be married. Here, Sharmela never consented to being married. As such, their cohabitation did not rise to the level of a marriage, due to this lack of a "meeting of the minds" on the marriage contract.
Incorrect! One of the requirements for a common law marriage is that the parties must intend to be married. Here, Sharmela never consented to being married. As such, their cohabitation did not rise to the level of a marriage, due to this lack of a "meeting of the minds" on the marriage contract.
Correct
Incorrect!
Correct
Incorrect!
Question 5
Harry and Wilma began living together on July 5, 1958. Harry gave Wilma a wedding band, Wilma adopted Harry's surname and they told friends and relatives that they had married. Furthermore, they celebrate their "anniversary" on July 5 each year, file joint tax returns and list each other as beneficiaries on their respective life insurance policies. They lived in Connecticut for 20 years and on many occasions spent time in Pennsylvania at their summer home in the Poconos. Connecticut does not recognize common law marriages; Pennsylvania did at the time of their visits. Following Harry's death, Wilma sought Social Security benefits as Harry's surviving spouse. The court will grant her the benefits.
Correct Although Connecticut does not recognize common law marriage, during their visits to Pennsylvania they met that state's requirements for common law marriage. As such, Connecticut has an obligation to recognize their marriage. This same recognition extends to a federal government agency (i.e. the Social Security Administration). Thus, Wilma is entitled to benefits.
Incorrect! Although Connecticut does not recognize common law marriage, during their visits to Pennsylvania they met that state's requirements for common law marriage. As such, Connecticut has an obligation to recognize their marriage. This same recognition extends to a federal government agency (i.e. the Social Security Administration). Thus, Wilma is entitled to benefits.