Common law marriage is a concept where a couple is considered legally married without formally registering the marriage through a license or having a traditional ceremony. In states where common law marriage is recognized, couples can obtain the same legal rights and obligations as traditionally married couples if they meet certain conditions.
Detailed Overview of Common Law Marriage
1. What is Common Law Marriage?
Common law marriage is a legally recognized marriage without the need for a formal wedding ceremony or marriage license. It is based on the couple living together and behaving as though they are married. Unlike traditional marriages, these marriages are not documented through a marriage certificate but are instead established by the actions and intent of the couple.
2. States That Recognize Common Law Marriage
As of today, common law marriage is recognized only in a few states, with varying rules and conditions:
- States That Fully Recognize Common Law Marriage:
- Colorado: Common law marriage is recognized and has specific requirements, including cohabitation, mutual agreement to be married, and holding out to the public as a married couple.
- Iowa: Requires proof that both parties intended to be married, cohabitation, and public declaration of marriage.
- Kansas: Recognizes common law marriage if the couple agrees to be married, cohabitates, and represents themselves as married.
- Montana: Couples must agree to be married, live together, and present themselves as married to others.
- New Hampshire: Recognizes common law marriage but only for inheritance purposes after one partner’s death.
- South Carolina: Although the state no longer recognizes new common law marriages after 2019, older common law marriages are still valid.
- Texas: Recognizes common law marriage if the couple agrees to be married, cohabitates, and represents themselves as married. There is also a formal process to register a declaration of informal marriage.
- Utah: Common law marriage can be recognized if the couple lives together, treats each other as spouses, and a court validates the marriage.
- Washington, D.C. also recognizes common law marriage.
3. States That No Longer Recognize Common Law Marriage but Grandfather In Older Marriages:
Some states previously recognized common law marriages but have since abolished the practice. They still recognize common law marriages established before the cutoff date:
- Alabama: Stopped recognizing new common law marriages as of January 1, 2017, but previous common law marriages are still valid.
- Florida: Common law marriages ended on January 1, 1968. However, those formed before that date are still recognized.
- Georgia: Recognized until January 1, 1997.
- Idaho: Ended recognition as of January 1, 1996.
- Ohio: Common law marriages ended in October 1991.
- Oklahoma: The legal status is complex, with recognition depending on various circumstances, but the state generally does not recognize new common law marriages after 1998.
- Pennsylvania: Ended recognition on January 1, 2005.
- Rhode Island: Still recognizes common law marriage under specific circumstances.
- South Dakota: Ended recognition in 1959.
4. Requirements for Establishing a Common Law Marriage:
Each state has its criteria for determining if a common law marriage exists, but they typically include:
- Cohabitation: The couple must live together for a significant period. The length of time required varies from state to state.
- Intent to Be Married: Both parties must have the mutual intent to be married, which can be demonstrated through actions and verbal agreements.
- Holding Out as Married: The couple must present themselves to the public as a married couple. This can involve using the same last name, filing joint tax returns, referring to each other as spouses, or introducing themselves as married.
5. Legal Implications and Rights:
- Property Rights: In states recognizing common law marriage, couples can have marital property rights similar to those in traditional marriages.
- Inheritance Rights: Common law spouses have inheritance rights, which can be especially significant if one partner dies without a will.
- Alimony and Support: Common law spouses may be entitled to spousal support or alimony in the event of separation.
- Divorce: Just like formally married couples, a couple in a recognized common law marriage must go through the legal divorce process to end their relationship, including the division of assets and possibly child custody arrangements.
6. Challenges and Proof:
Proving the existence of a common law marriage can be difficult. Courts often require substantial evidence to validate the marriage, including:
- Joint bank accounts or leases.
- Shared tax returns.
- Statements from friends, family, or employers confirming that the couple held themselves out as married.
- Documentation showing joint ownership of property.
Interstate Recognition of Common Law Marriages
Under the Full Faith and Credit Clause of the U.S. Constitution, if a couple has a valid common law marriage in a state where it is recognized, other states must generally acknowledge the marriage, even if those states do not allow common law marriages themselves.
Conclusion
While common law marriage is less common and not recognized in many states, it remains a valid legal status in certain jurisdictions. The laws are complex and vary widely by state, so it’s important for couples to understand the rules in their jurisdiction and the legal rights and responsibilities that come with common law marriage.