Sign Rhode Island Affidavit of Identity Now

Common law marriage affidavit south carolina form

hello my name is Justin bride up and today I'm here to talk to you about two subjects in this video one is the affidavit of probable cause and another is common-law marriage and by stays and all this other fun fantastic stuff so the first thing I do is direct you to the legal notice in the bottom of the video in the description to YouTube and let you know that this video is not meant to shock or fin anyone it's just for educational purposes and I've a little notice down there for you about all that so anyways first of all we're going to start with the affidavit of problems what is an affidavit proper class and why how can you use it how is this a good tool for you in the common law world well here on US legal calm this is an affidavit of probable cause long legal definition okay I don't think this is a legal definition but we're gonna get us a this is an affidavit of probable cause is a sworn statement typically made by a police officer that outlines the factual justification for why a judge should consent to arrest or search warrant for or why an arrest made during a crime in progress was based on solid evidence that the person in custody is the person who is likely to have committed the crime if indeed it is a person and not a people the following is an example of a state statute of an affidavit of probable cause so it's in KSA where were state dies Kansas a waiver issuance of warrants summons availability of supporting a fricative probable cause if a magistrate finds from the complaint or from an affidavit are affidavits filed with the complaint or from other evidence that there is probable cause to believe both that a crime has been committed and that the defendant is committed warrant for the arrest of defendant shall issue so that's how and why this thing is is great because depending on the state you're in the laws and all this basically if you it shouldn't have to do to probable cause and you have the evidence attached to its backup the reason for someone's rest and you file this with court with a prosecuting attorney something like that and they failed to do anything then they could be guilty of misprision of treason whispers that felony even miss prison a misdemeanor if there is such a thing and so basically this commands the attention of anyone reading it and cause causes a judge to be very inclined to arrest whatever party you would like arrest now typically officers use this when they want to go after somebody or if they've already done it if they go out and arrest somebody and they've heard either really arrested them then this now so they used to do indictments they used to do you know all these other things that they were required to do but now a lot of people skirt around all that with an affidavit of probable cause which isn't I mean it did you could do it in addition and do perfectly legal I think but you know anyway so basically what it is is an affidavit called an affidavit probable cause has to be titled that and basically it has to be filled out in the same format as a regular per David depending on the state and the laws in the state you know and all that whatever requirements they might have but basically yeah it goes just like a regular affidavit has to be notarized at the bottom I mean technically according to Bill Thornton you can do an affidavit with just witnesses but I wouldn't do that I would have it notarized and just here we see some some examples but you know all gotta follow all the rules of an affidavit in those examples are on my website purchased a regular affidavit we just renamed it to affidavit of probable cause make sure that you attach all the evidence they don't watch the previous videos watch all the other videos to playlists and all the classes on how to do that corporate by references boy stayed here in and so it's really cool about this is if you catch a judge or a prosecutor or an officer or anyone else committing some sort of a crime and you have evidence and you believe there's probable cause for them to be arrested all you got to do develop the AppData probable cause you know list of how what when where why all that good stuff and who and put the evidence in there now what was it Bill Thornton City can do how what when where you can't necessarily do the why because you're not inside their head so you can't tell anybody what they were thinking when they committed the crime but you can I guess do everything else now let's shift gears from it and talk about the common-law marriage okay so first of all states that where you can get the common-law marriage there's a list on this website and CSL dot Oregon and this can be updated any time depending on legislation and laws you always want to check make sure that everything here's still valid and relevant but here we have one two three four five six seven eight eight states where it's legal Texas is only under specific circumstances it says so I guess you need to check these statutes here so I mean technically if you're importing to common-law it's legal everywhere but doesn't mean anybody else is gonna recognize it if it's not done in a state that recognizes it so Colorado is listed here and it says on or after September 1st 2016 okay and you got to follow all the rules you know for common-law marriage basically here it which tells on the website which is great you read this if you want to purposes support dependents so let's stop now since Montana is not strictly prohibited and as far as I know it's good so what happens is if you do do the common-law marriage in the state and we'll talk about how to do that you want to go to a Social Security office within the state where you've achieved the common-law marriage in order to get it recognized by the IRS if that's what you want to do I would I would caution against having your marriage recognized by the government at all and I'll explain why but if you were going to if you were going to see you end up in the same exact problem a lot of minimis same problems if you have a common-law marriage and it is and it is recognized by the government then you have a lot of the same problems as if you died marriage license as far as the legal issues the only difference in that respect is that you you didn't need the government's permission to get married although you didn't need a statute that said you could or not one that not one that existed says you couldn't but a common-law marriage is marriage without anyone's permission you just need a notary public to notarize and witness the marriage some people do it with two witnesses which then of course the certificate would not be enough David and here are we saying Colorado what is it valid the time marriage is in both parties or eighteen year older and the marriage is not prohibited by some other law okay so basically that's you know the general rules but let's go over here and look at a certificate of matrimony basically there's no place on this one for a notary this one just uses witnesses which I guess is okay let's go ahead and just take a quick look just well that's not yeah we wanted to look at the actual here it is okay so so this one says we serve the certificate of matrimony we hereby certify that the on 23rd day of first month ad Chisholm WA and John David DOE and Jamie Murray Smith and that the written names are written correctly here come together in the sight of God Almighty of them in and have been enjoying together okay so everything here still looks great except there's one thing I see missing okay well two things technically so what we have here is we have this isn't necessarily a common law marriage certificate I'm gonna tell you why okay so you need it needs to say that this marriage was performed within the statutes of whatever state that you're in they either allow that allow the common-law marriage so you need to know you know back on this page where he recited the statutes or say it's not prohibited you know in this state or whatever and so that's missing the ceremony performed by no one has to perform the ceremony as far as I know you could have a pastor or someone do it which would be good but technically you don't have to have you just have to people in either two witnesses or notary notaries better to and that's that's it within the laws of the state now check with your state to make sure everything I'm saying is is good but technically that's what I've been told is the requirement of a common-law marriage a common-law marriage certificate okay then here's a little checklist the same-sex marriage I don't I don't necessarily support that but anyway there's a whole checklist thing here that you can that you can you can look up you can look up all the check I mean I basically told you but so now we're going to talk about why you do not want the government to recognize your common-law marriage okay so if the government does recognize your common-law marriage then you do possibly get a tax break from the IRS or if you're good enough with common-law you may not even have to pay the IRS taxes it just depends on if you're willing to go through that fight and a lot of people have and a lot of people won but they paid the taxes in the meantime you know if you don't pay your taxes in the mean time before you win battle you're you're probably gonna get in big trouble but anyway the thing is is that one of the reasons that people do the common-law marriage and they don't have recognized by the government is because of child protection services and because they don't want the government involved in their marriage so what happens a lot of times with child protection services this is no guarantee is that they're very hesitant to try to mess with you or your kids simply because what happens is if if they take your kids and you are not legally married according to the government then the custody usually bounces back and forth between the two parents especially if they live at two different places if a couple is legally married and CPS decides kids need to be taken away they usually do not bounce it back and forth between custody unless they're separate unless the parents are separated in two different locations and the marriage license seems to give the government permission to mess with you so that's one reason why a common-law marriage is good now in that sense if you're not going to get the government's permission if you're never going to try to get their permission then it really doesn't matter what state you do your common-law marriage as long as they're not going to you know hurt you for getting married that way so you probably want to do at one of the states that are listed the other thing is is that if you if you do get a common-law marriage you want multiple copies of the marriage certificate probably bought 10 copies or more because when you go to a courthouse or somewhere else and you get married there is a copy of your marriage license or certificate on file with the state you can get copies of it whereas if you do a common-law marriage your your stuff isn't on file with anybody and so therefore you need to make sure you have copies and make sure that you give copies to print Sorrell just put a safety deposit boxes safes wherever you know so that in case you lose you can find another copy of it what else okay so the Department of Motor Vehicles and common law so if you if you want the Department of Motor Vehicles to recognize to get married which again is getting the government involved then again you can take the marriage certificate to DMV and you can show them but usually they don't recognize it unless the Social Security office recognizes it so there again so the question is if you're married to somebody under common law but the government doesn't recognize it how do you still have the right to make decisions for your spouse when they're in the hospital or something else well you would need some sort of a power of attorney possibly authorized representative the next friend something like that signed by them so that you can represent them make decisions for them you probably also need an executor of will and you do that both ways for each spouse needs one for the other so they can do that now if in a common-law marriage if there's a divorce and the common-law marriage is not recognized by the government the very least you should issue your spouse a certificate of divorce as it says in the Bible and you know just so that there's something written and you know have us either server yourself pruvit was served upon them whatever I would probably do Christmas services and Peru if it was served to have somebody else do it but you wanted to do that and then the great part is there's absolutely no quarter stuff that you should have to go through if it's not registered with the government so another thing is is if there's a child custody battle or something going on and you you probably would want to present your certificate to the court or show them that you are married because if you did it would probably cause problems with the child custody vote you probably want to have instead that power of attorney or the you know other types of documents instead now it doesn't mean that you can't get your name changed getting your name changed can cost money but you probably should do it if you're getting the common-law marriage done they'll go to a court and go through whatever process they wish for you to go to through to have your name changed probably a good idea but you know that way it's it's more of a concrete thing the other thing is if you don't have any children if you if you I mean if your children are out of the house you're old you you've had your children they're gone you're not gonna have any more children it may not be such a bad idea to register your common-law marriage certificate with the federal government with the state other than the government getting involved in it they decide you know maybe maybe some of your neighbor calls the police your neighbors come or your please come in and they decide that something's going on between you two and they're gonna separate you they're gonna put some sort of a protection order between you two or do something like that there again you may not want the government to know that you have a common-law marriage but again this is all up to you I'm just giving you the information and putting it out there you need to do your own research and decide you know what you're going to do but you know it is what it is let's go ahead here really quick and put some quotes around the common-law part and see if we can try to make sure you know some of these are common law and now here we have this one really quick before we finish the video and these two people say that they're married it says who were previously legally married you talk word says sealed by them I guess as husband and wife according to the ordinance of God time eternity case so this here appears to be just reaffirming a legal marriage that already happened as a common-law marriage I don't know why it's just some renewal of vows or something and if we go over here see that said it was in Utah did it Utah up Utah evidently recognizes common-law marriage now let's look at this statute for Utah just for the sake of it oh it doesn't exist so let's go back over here and we're gonna we're gonna copy and paste this in a search engine and see if we can look it up this way just for the sake of it because you know you gotta check out these sites and make sure all the information is still relevant um here we go and of course one of the things that makes the marriage good is is you know at least consummating the marriage that's what is Utah code valid a marriage not solemnized a marriage which is not solemnized according to this chapter shall be legal and valid if the court administrative order establishes that it arises out of a contract between a man and a woman who are legal age and capable giving consent are legally capable and rolling a entering solemnized marriage under the provisions of the chapter have cohabited which I guess means they're you know living together mutually assumed merits will rights duties obligations and to hold themselves out as have acquired a uniform in general reputation is husband and wife yeah okay so basically public has to recognize it the determination establishment of marriage under the section shall occur during a relationship described in Subsection or within one year following the termination of that relationship evidence of a merit recognizable under this section may be manifested in any form and may be provided under same general rules of evidence as facts in other cases all right so I'm probably gonna list some of these some of these links in the description of the video thank you for watching the video like comment share and subscribe and just bless you and I'd like to encourage you to give to our patreon and if you've been watching these these law videos you're starting to get bored and you're burnt out or something please check out my other channel the daily videos channel with the reviews and all that because annual you'll find it as a recommendation on my main channel page here and the reason for that is because you know you can get really burned out doing all this lost stuff and it's good sometimes just unwind and just do something else for a while you know to try to try to get your mental energy back again and so here's this channel here daily unboxing videos and reviews that's what we've renamed it to now and you see the freeman common-law link here on the right side so that's that's it so thanks for watching the video like comment or subscribe Jesus bless you and please so you're giving to our future Music Music