Someone told me common law is only 1 yr in Montana?!?!?!?

Question

Is this a crock of $hit or what??

Answer 1

That someone is an idiot.
The requirements for a common-law marriage are: (1) capacity to consent to the marriage; (2) an agreement to be married; (3) cohabitation; and (4) a reputation of being married.
Mont. Code Ann. § 26-1-602, 40-1-403

Nowhere in the statute is a requirement regarding time.

NEITHER is it six months in Texas or 7 years in another state as posted. If people believe that then cite the exact state statute which supports such.

Answer 2

that's crock I bet. What Common Law really is.. it's showing you don't recognize the Statutory Laws Of Marriage on the grounds that in Common Law it says in no wise no manner of ammends my be made in past or future.. any so doing is a disregard of Common Law. written by Henry Hewitt! 1873. Unfortunately that article is in disrepute by the Statutory Laws that were stated they writers of the Statutory Laws decleared Henry Hewitt's article outdated and there's a summary of it in the Martins Law book saying that it was repealed even though the Hewitt Law was suppose to be non-changable. The Majority doesn't know of the Hewitt Law but all Lawyers and Attorneys do.. they are the ones that termed it Common Law. Common Law can also come into effect under Marshal Law! Oh I'm a Canadian so naturally I'm referring to Canadian Law! I still think to Limit Common Law that isn't Common Law but in some areas there is a different Law called Marshal Law and that is limited to 1 year.. someone may have them confused! Common Law never was limited legally and cannot be done so. No affidavits need if it were so then that's not Common law.. that would be Marshall Law! I may mention more of this in my blog.. later ca.360.yahoo.com/ddherbals You can go into any court house and ask an official there.. get there in the morning before they get busy! Someone can help you. You can fib a bit an say you're thinking of becoming a Lawyer or Attorney.
(I said that once myself but I wasn't fibbing I really was thinking of becoming a lawyer.. I got a free Law book because of that. Sure the book is out of date.. they were gonna toss it out so Judith Ledrum said! (oh she was a social worker before become a Lawyer)!

Answer 3

To have a common law marage in Montana you have to sign an Affidavit of Common Law Marriage form in front of a notary and file at the nearest court house with $53. Here is the form: http://montanacourts.org/library/forms/get_married/affidavit.rtf

This link is to Montana's laws on "Declaration of marriage without solemnization". This is Montana Code 40-1-311. http://data.opi.state.mt.us/bills/mca/40/1/40-1-311.htm

Answer 4

Maybe they are referring to Montana's rule that you must establish the existence of the factors described by Hexi either during the relationship or within a year of ending it.

So, two years after you call it quits in Montana, you cannot make a claim based on your "common law marriage".

Answer 5

What exactly is the question? Do you mean common law marriage is effective after 1 year? Or that the common law marriage only lasts 1 year? I've always understood common law marriage to be holding yourselves out as husband and wife for a period of 7 years. Then you are common-law married, but only in a state that recognizes them. In NC, you can't form a common law marriage, but if you are common law married in another state, NC will recognize you as being married.

Answer 6

It's six months here in Texas...

Answer 7

just goes to show you that you should not shack-up with someone you would not marry.