Common law marriage is a legal concept that recognizes a couple as married without them having to go through a formal wedding ceremony or obtain a marriage license. This can be beneficial for couples who do not have the resources, time, or desire to complete the requirements for a traditional marriage. However, it is important to understand the laws surrounding common law marriage in Indiana to ensure that you are protected under the law.
In this article, we will explore Indiana’s common law marriage laws and provide valuable insights into what you need to know.
Understanding Common Law Marriage in Indiana
What is Common Law Marriage?
Common law marriage is a legal principle that recognizes a couple as married based on their actions and behavior rather than the issuance of a legal document such as a marriage certificate. In order to qualify for common law marriage, the couple must meet certain requirements such as cohabitation, mutual agreement to be married, and holding themselves out as a married couple.
Is Common Law Marriage Recognized in Indiana?
Yes, Indiana recognizes common law marriage. The state has no specific statute governing common law marriage, but it recognizes it if certain requirements are met.
Requirements for Common Law Marriage in Indiana
In order to establish a common law marriage in Indiana, the following requirements must be met:
Both parties must be legally capable of entering into a marriage.
The couple must agree to be married and live together as husband and wife.
They must hold themselves out to the public as a married couple.
They must have cohabited continuously for a period of time.
How Long Must a Couple Cohabit to Qualify for Common Law Marriage in Indiana?
There is no set amount of time that a couple must cohabit to qualify for common law marriage in Indiana. The courts will consider the length of time that the couple has lived together, along with other factors, to determine if a common law marriage exists.
Benefits and Protections of Common Law Marriage in Indiana
Inheritance Rights:
One of the benefits of common law marriage in Indiana is that it provides inheritance rights. If a common law spouse dies without a will, the surviving spouse may be entitled to inherit a portion of the deceased spouse’s estate.
Divorce and Property Division:
Common law spouses are also entitled to divorce and property division just like traditional marriages. If a common law marriage ends, the court will divide the marital property and debts based on what is fair and equitable to both parties.
Spousal Support and Insurance Benefits:
Common law spouses in Indiana may also be entitled to spousal support and insurance benefits. If a common law marriage ends in divorce, one spouse may be ordered to pay spousal support to the other. Additionally, common law spouses may be eligible for health insurance benefits through their partner’s employer.
Factors that Can Impact Common Law Marriage in Indiana
Intent to Be Married:
One of the most important factors in establishing a common law marriage in Indiana is the intent of the couple to be married. If there is no mutual agreement to be married, then a common law marriage does not exist.
Living Together:
The couple must live together as husband and wife to qualify for common law marriage in Indiana. This means that they share a residence and engage in activities such as sharing finances and making joint decisions.
Holding Themselves Out as Married:
Another factor in establishing a common law marriage in Indiana is whether the couple holds themselves out as married to the public. This can include things such as referring to each other as “husband” or “wife,” introducing each other as spouses, and wearing wedding bands.
How to Protect Yourself in a Common Law Marriage in Indiana
Cohabitation Agreement:
One way to protect yourself in a common law marriage in Indiana is to create a cohabitation agreement. This agreement can outline the terms of your relationship, including property rights, financial obligations, and what will happen if the relationship ends.
Estate Planning:
It is also important to have an estate plan in place if you are in a common law marriage in Indiana. This includes creating a will, designating beneficiaries for your life insurance policies and retirement accounts, and creating powers of attorney for healthcare and finances.
Legal Representation:
If you are in a common law marriage in Indiana and are facing legal issues such as divorce or property division, it is important to seek legal representation from an experienced family law attorney who can protect your rights under the law.
Conclusion
In conclusion, Indiana recognizes common law marriage and provides benefits and protections to couples who meet the requirements. However, it is important to understand the laws surrounding common law marriage and take steps to protect yourself in the event that the relationship ends. With the information and insights provided in this article, you can make informed decisions and take appropriate steps to safeguard your rights and interests.
Remember that establishing a common law marriage in Indiana can be a complex process, and it is important to consult with a legal professional for guidance. By working with an experienced attorney, you can ensure that your rights are protected and that you receive the benefits and protections you deserve under the law.
Whether you are considering a common law marriage or are already in one, it is important to understand the laws and regulations that govern these relationships in Indiana. With the right information and resources, you can make informed decisions and protect yourself both now and in the future.