FAFSA - Independent if in common law marriage?

[lucid220]

<p>Hello! I'm 21 years old. I took over a year off school to work because I ran out of money, now I'm trying to get back in. </p>

<p>I have lived with my boyfriend for nearly 2 years and and I'm completely estranged from both of my parents (due to their drug abuse issues if you must know). They pay absolutely nothing to support me and I haven't had contact with either for quite a long time. </p>

<p>My boyfriend and I would likely qualify as married under common law in Colorado, although last year we filed separately. From what I've read I should be able to claim myself independent for FAFSA, but just wanted to know if anyone had any input or has heard of this being done. </p>

<p>Since we're both students struggling to pay our own way we've considered just getting officially married since we're planning on it anyways, but we'd really like to wait until we have the finances to have a real wedding instead of pulling some weird secret city hall marriage first then the real shebang years later. </p>

<p>I'm just getting so frustrated with the idea of having to make amends with my junkie parents just to get their tax info (my dad doesn't even file taxes) and get less aid than I need because they think my parents are supporting me (which they never will). Any help would be greatly appreciated.</p>

[sybbie719]

<p>From FAFSA</p>

<p>What’s your marital status</p>

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<p>This question cannot be left blank.</p>

<p>Select the answer that describes your marital status as of the day you submit your Free Application for Federal Student Aid (FAFSA). If your marital status has changed or will change since the time the application was initially submitted, you cannot update it on your FAFSA.</p>

<p>“Married / remarried” does not mean living together unless your state of legal residence recognizes the relationship as a common law marriage.</p>

<p>According to the Defense of Marriage Act (1996), “…the word ‘marriage’ means a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers to a person of the opposite sex who is a husband or a wife.” Therefore, same-sex unions are not considered marriages for federal purposes, including the FAFSA.</p>

<p>[What</a> is your marital status?](<a href=“http://www.fafsa.ed.gov/help/fotw17a.htm]What”>http://www.fafsa.ed.gov/help/fotw17a.htm)</p>

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<p>Colorado state govt</p>

<p>common law marriage</p>

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<p>What should couples keep in mind?
If challenged, a couple may have to prove the existence of their common law marriage. The couple may use some or all of the following evidence, or other similar evidence, to demonstrate their agreement to have a marital relationship:</p>

<p>A woman takes the surname of the man with whom she lives;</p>

<p>The couple refers to their marriage in conversations with other people, such as friends, family, and co-workers;</p>

<p>The couple files joint tax returns for federal or state income tax purposes;</p>

<p>The couple lists each other as spouses on insurance forms and retirement plans;</p>

<p>The couple has joint checking and savings accounts; and</p>

<p>The couple owns property as joint tenants.</p>

<p>If a couple married by common law wishes to end their marriage, they must get divorced in
the same manner as a couple married in a ceremony. The divorce will address all the issues
involved in any divorce, including parental responsibility for their children, parenting time with their children, child support, maintenance, and property division. Any future marriage of either spouse will be invalid if a court does not properly dissolve the common law marriage prior to the next marriage.</p>

<p><a href=“http://www.state.co.us/gov_dir/leg_dir/olls/PDF/COMMON%20LAW%20MARRIAGE.pdf[/url]”>http://www.state.co.us/gov_dir/leg_dir/olls/PDF/COMMON%20LAW%20MARRIAGE.pdf&lt;/a&gt;&lt;/p&gt;

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<p>Common-Law Marriages: A common law marriage is a social relationship between a man and a woman that meets all the necessary requisites of a marriage that was not solemnized, performed or witnessed by an official authorized to perform marriages. The necessary elements of a common law marriage are:</p>

<p>An intent of both parties freely given to become married;
A public declaration by the parties or a holding out to the public that they are husband and wife;
Continuous cohabitation together as husband and wife (this means consummation of the marriage);
Both parties must be capable of entering into the marriage relationship. No special time limit is necessary to establish a common law marriage. Colorado recognizes, for income and property tax purposes, registration as husband and wife on applications, leases, contract forms and hotel/motel registers;
A common law marriage cannot be terminated except by court dissolution (divorce) or death.</p>

<p>There is no official Certificate of Common Law Marriage. If the parties to a common law marriage need documentary proof, they may complete and sign, in front of a notary, an affidavit attesting to the marriage. It may be placed on file with the Office of the Clerk and Recorder, most likely in the county of residence.</p>

<p>Documentary evidence is not required for a common law marriage to be fact. The Colorado Department of Law has an information sheet that may be useful.</p>

<p>[Colorado</a> Vital Records](<a href=“http://www.cdphe.state.co.us/certs/vrfaqs.html#common]Colorado”>http://www.cdphe.state.co.us/certs/vrfaqs.html#common)</p>

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<p>I would recommend that you file the affidavit with the clerks office in the event that you need documentation.</p>

[MizzBee]

<p>You also need to know that if you qualify for a common-law marriage, there is no thing as a common-law divorce. You will need to be formally divorced if you split up. OTOH, if you plan to get married anyway, I see no reason to get yourself into deeper debt by doing a big ceremony. After all, on your 5th wedding anniversary, you can have a big wedding and the 200+ people will never know that you went to a courthouse earlier.</p>

[_rentof2]

<p>Yeah, if a common-law marriage is just another kind of marriage, then postponing a wedding ceremony after establishing a common law marriage is no different than postponing a ceremony after getting married at a courthouse.</p>

<p>I think 21 is very young to get married… but it may address a big financial aid problem for you.</p>

<p>My husband and I got married to pool our dental insurance (we both needed a lot of dental work at the time), and we got married at the courthouse. We’re working on anniversary #24 now… so it seems to have stuck. ;)</p>

[therealone]

<p>I am in the exact same situation… Did you file as married? Did it work out?</p>

[sybbie719]

<p>Please use old threads for information only. Please ask your question in a new thread. closing thread</p>