Common law marriage is something that gets referenced frequently but is not recognized in many states. This type of union happens when two people live together and claim for the world to be married, but never go through a formal ceremony. There are certain requirements that they have to fulfill, and the rules vary from state to state. People in this type of marriage still retain all of the rights of a married couple and have to file for divorce if they decide to end their relationship. If you are interested in marrying in common law, speak to an experienced family attorney in your state to determine if it’s a possibility.
All About Common Law Marriage: Is It Legal Everywhere?
What Is It?
Common law marriage is a union between two people who are living together and representing themselves as husband and wife without going through a formal marriage ceremony. These unions were popular long ago when rural areas didn’t have as many churches or government buildings. Especially in states where the population was low. However, now that most people have easy access to government offices, most states do not recognize them.
Where Is It Legal?
Most states do not legally recognize couples who are married in common law. Only ten states, plus D.C. allow them. These are Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah. However, some states, like South Carolina no longer allow these marriages to form. They will recognize an already established common-law marriage, but this is not an option available to couples moving forward.
Requirements
You can’t accidentally marry somebody in common law just because you live with them. There are several requirements for a common-law marriage, that vary from state to state. A couple must be living together, although the length of time varies. Additionally, they must both be of sound mind and legally able to get married. Finally, you must hold yourselves out to others as a married couple, and represent as spouses in public.
Divorce
A common-law marriage is just as legally binding as a typical marriage. It comes with the same rights and privileges for spouses. And just like an official marriage, the only way to end one is through divorce. The divorce process is similar to a typical divorce; spouses must split up assets and deal with issues like custody and spousal support payments.
Common law marriage was very popular at one time but is slowly fading out of existence in our country. Now that most people have access to government offices where they can legally obtain marriage licenses, many states no longer recognize non-official marriages. However, there are still a few loopholes in states where you can marry your partner in common law. The requirements vary from place to place, especially with the amount of time you must live together. But typically, this type of marriage requires that you cohabitate, that you’re legally able to marry, and that you present to the world as a married couple. Similarly to an official marriage, you must go through the divorce process to end a common law relationship. If you have questions about common-law marriage in your state, seek the advice of an experienced attorney.