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Common-law marriage is a marriage without a blood test, a license, a wedding ceremony, or a certificate. It is created when two people agree to be married, claim in public to be husband and wife, and live together as if married. Only the District of Columbia and 13 states—Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, and Texas—recognize common-law marriage.Some of these states require a couple to have lived together for a certain number of years before they are considered legally married. In others, there is no minimum waiting period if a couple actually agrees that they are married, lives together, and represents themselves as husband and wife. If a couple splits up after entering into a common-law marriage, they must divorce legally before either may remarry. If either one remarries without first getting a divorce, he or she can be charged with the crime of bigamy.States that do not allow common-law marriages will recognize such a marriage if it originated in a state that does recognize common-law marriage. If a marriage is legal in the state where it begins, other states usually recognize it as legal.Assignment: Consider the following problem. Be prepared to explain your answer to each question. Rick Schwartz and his girlfriend, Sarah, live together in Montana. They talk about having a wedding but never do. They are in love and think it is simpler to tell people that they are married. They buy a house together, open a joint bank account, and are known everywhere as Mr. and Mrs. Schwartz. But one day Sarah gets bored and leaves. She soon finds a new boyfriend, Dylan Coming from a traditional background. Dylan insists that they get married before living together.a.What are the requirements of a common-law marriage?b.Do Rick and Sarah have a valid common-law marriage? Why or why not?c.If Rick and Sarah had lived together inArizona instead of Montana, would theyhave a valid common-law marriage?d.Can Sarah marry Dylan? Will she have todivorce Rick first? Why or why not?VocabularyCeremonyInformal Held outPresumptionRebuttableElementInferQuestions1.What are the three requirements for common law marriage in Texas?2.Why does the lawyer say the test for common law marriage is “really a two-prong test”?3.How could a couple hold themselves out as husband and wife? ................
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