There are many misconceptions surrounding common law marriage in the United States. Many people believe that simply living together for a certain period of time makes them legally married, but this is not entirely true. In this article, we will explore the truth about common law marriage and whether or not it is still legal in the US.
What is Common Law Marriage?
Common law marriage is a type of marriage that is recognized in some states where a couple is considered married without obtaining a formal marriage license or having a ceremony. This type of marriage is formed through cohabitation and the intent of the partners to be married. In order for a common law marriage to be recognized by the state, there are typically certain requirements that need to be met.
Requirements for Common Law Marriage
In order for a common law marriage to be recognized by the state, there are certain requirements that need to be met. These can include:
- Residing together for a certain period of time – The length of time varies by state, with some states requiring only a few months and others requiring several years.
- Presenting themselves to others as a married couple – This means that the couple must hold themselves out to the public as being married, such as using the same last name or referring to each other as husband and wife.
- Intending to be married – Both partners must have a shared understanding that they are in a committed relationship and intend to be married.
States that Recognize Common Law Marriage
Currently, only a handful of states recognize common law marriage. These states include:
- Colorado – Couples must live together for a certain period of time and present themselves as being married.
- Iowa – Couples must agree to be married and must hold themselves out to the public as being married.
- Kansas – Couples must agree to be married and must hold themselves out to the public as being married.
- Montana – Couples must live together for a certain period of time and present themselves as being married.
- New Hampshire – Couples must live together for a certain period of time and present themselves as being married.
- South Carolina – Couples must agree to be married and must hold themselves out to the public as being married.
- Texas – Couples must live together for a certain period of time and present themselves as being married.
- Utah – Couples must live together for a certain period of time and present themselves as being married.
It is important to note that even in these states, there may be additional requirements that must be met in order for the common law marriage to be considered legally binding.
Advantages of Common Law Marriage
There are several advantages to entering into a common law marriage:
- Not having to go through the formal process of obtaining a marriage license – This can save time and money.
- Being viewed as a legally married couple – Common law marriages are recognized by the state, which means that couples have legal protections in case of separation or death. This can include things like property rights and inheritance.
- Having legal protections in case of separation or death – Because common law marriages are recognized by the state, couples have the same legal protections as traditionally married couples in the event of a separation or death.
Disadvantages of Common Law Marriage
There are also several disadvantages to entering into a common law marriage:
- The uncertainty around whether or not the union is legally binding – Even if a couple meets the requirements for a common law marriage, there may still be some uncertainty around whether or not the marriage is legally binding.
- Difficulty proving the existence of a common law marriage in some situations – For example, when applying for government benefits, it may be difficult to prove that a common law marriage exists.
- Potential financial liabilities if the relationship ends without a formal divorce – If a common law marriage ends and the couple has not gone through a formal divorce process, there may be financial liabilities that need to be worked out.
Conclusion
In conclusion, common law marriage is still legal in some states in the United States. However, it is important to understand the requirements for a common law marriage and the potential advantages and disadvantages before entering into this type of union. Couples who are considering a common law marriage should consult with a lawyer who is familiar with the laws in their state to ensure that they fully understand their legal rights and obligations.