Saturday, April 18, 2009

COMMON-LAW SPOUSES

Common-law Spouses, this is a common name of that partner who decided to live-in at one household as common-husband and common-wife. Some partner cohabited for one year and more year. Some common-law spouses decided to get married and some decided to take apart because of various reasons.

PROBLEMS:
Most woman who are living as a common-wife is using the last name of her common- husband which is wrong to assert. Using the last name of her partner is not proper to apply since they are both single.


In our office, it is not easy to change the data of a voter's registrant in the Voter's Registration Record anytime they wish. Voter's Registration Record (VRR) is a permanent record of registrants of the office of Commission on Elections in every Municipalities and Cities. This is one of the sensitive records and a permanent documentation based on the forms they filled-up and stated a personal facts.

Second, after separation from her common-husband, she decided to get married legally to other man. A reason why the woman is seeking the change of her last name she declared previously and amended the marital status from married to single from the above office. This common problem can't change easily if they have no proof to present. Otherwise, she needs to present the COURT ORDER declaring that she is not married.


Lastly, some office requirements are the Certificate of Voter's. If there is some error in the said certificate you present, the concern office will not honor the papers you presented, unless you had already set this problem by attaching some documents as evidence hereto.


RECOMMENDATION:
If you're a common-wife, don't use the last name of you're common-husband to avoid mess in the future. Affirm your biological name in all documents you filled-up. And state that you're single in all papers. I hope this information could help to those who are not aware about this matter. Be sure that you are legally married before using the last name/sure name of your husband under Article 34 of the Family Code.

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14 comments:

April said....

Sounds like very smart advice.

Lainy said....

Now that's the Super Lawyer giving advise so we all got to listen or else we will be in deep trouble! ;-)

Bill said....

You are very knowledgeable. I have a award for you at my site. Come check it out when you can. See ya

twinks said....

Hi Star,
Great info. I don't reckon it is a smart move to use your partner's last name if you're not legally married di ba?
Have a great day! ^_^

Star-chuu said....

@April

Hi April thanks for the visit, I am not too smart, it happened that we encounter some problem about this.

Star-chuu said....

@Lainy
Lainy!!!!! Shhhhhhhhhhh....I am not a lawyer..I am in trouble now...hu!hu!

Star-chuu said....

@Bill
Hi bill, thanks for the award post it later.

Star-chuu said....

@twinks
Hello Twinks, you're right! but of course, if they have a kids, and her common-law husband acknowledged them, their children are free to used the last name of their father.

zorlone said....

Ma'am Star,
Great "law" related advise! During high school I was conflicted what course to take. Law was one of my choices. hehehe. I was weighing med school and law school, of course we now know what happened.

But, there is still time to enter law school, right?

So, when are you going to start your practice? May I consult a few matters with you?

Z

Lollii-Pii said....

I got a lawyer mom out there. great advice you got there. I'd be able to use this in the future.God Bless

Star-chuu said....

@Zorlone
Doc Z, I am not a lawyer, it happened that I worked in a law firm..I never wish to study a law. I am a dumb one ..hehehe...
Doc Z, you still have a chance to proceed a LAW, so if you have time then start to enroll..time is gold..your still young doc Z. after 5 years if we have a chance to meet your already a LAWYER.

Blogger Rise said....

great post I will save it so my wife can read it.

ROSILIE said....

Galing mo naman ate vilms! Heheheheh! Unta that will apply to married persons too.hahahahah!

liza said....

Hi Star! Thank you for sharing this great info.

BTW, I have an award for you, you can grab it here when you have the time. :)

Have a great day!

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