Marriage is a legal union between two individuals, but not all marriages are formalized through a ceremony or a marriage license. In some states, couples can enter into a common law marriage by fulfilling certain requirements. In this article, we will explore the components of a common law marriage, which states recognize them, and how they differ from traditional marriages.
What is a Common Law Marriage?
A common law marriage is a legally recognized marriage between two individuals who have not gone through a formal ceremony or obtained a marriage license. Instead, they have fulfilled the requirements of being a married couple by living together for a certain period of time and holding themselves out to friends, family, and the community as being married.
Requirements for a Common Law Marriage
The requirements for a common law marriage vary by state, but there are some common elements. Below are three of the most common requirements for most states:
Cohabitation: The couple must live together for a certain period of time, which varies by state. In some states, the period is as short as six months, while in others, it can be as long as seven years.
Intent: The couple must intend to be married and hold themselves out to the public as being married. This means that they must act as if they are married, such as referring to each other as husband and wife, filing joint tax returns, and sharing finances.
Capacity: The couple must have the capacity to enter into a marriage. This means that they must be of legal age and not already married to someone else.
States That Recognize Common Law Marriage
Not all states recognize common law marriage. Currently, only a few states and the District of Columbia recognize common law marriage. These states include:
1. Alabama
2. Colorado
2. District of Columbia
4. Georgia (if the relationship began prior to 1/1/97)
5. Idaho (if the relationship began prior to 1/1/96)
6. Iowa
7. Kansas
8. Montana
9. New Hampshire (inheritance only)
10. Ohio (if the relationship began prior to 10/10/91)
11, Oklahoma (conflicting laws, discuss with a family law attorney)
It is important to note that the requirements for a common law marriage vary by state, and some states have specific rules that must be followed to establish a common law marriage.
Differences Between Common Law Marriage and Traditional Marriage
There are several differences between common law marriage and traditional marriage. One of the most significant differences is that common law marriage does not require a formal ceremony or a marriage license. Instead, it is established through the couple’s actions and intentions.Another difference is that common law marriage is recognized only in a few states, while traditional marriage is recognized in all 50 states. Additionally, common law marriage may have different legal requirements for dissolution, property division, and other issues.
Factors Courts Consider in Determining Common Law Marriage
Courts may consider several factors when determining whether a common law marriage exists. These factors may include:
Cohabitation: The couple must live together for a certain period of time, which varies by state.
Intent: The couple must intend to be married and hold themselves out to the public as being married.
Reputation: The couple must be known in the community as being married.
Joint finances: The couple must share finances and expenses.
Joint property: The couple must own property together.
Children: The couple must have children together.
Testimony of witnesses: Witnesses may testify that the couple held themselves out as being married.
Conclusion
In conclusion, a common law marriage is a legally recognized marriage between two individuals who have fulfilled the requirements of being a married couple without going through a formal ceremony or obtaining a marriage license. The requirements for a common law marriage vary by state, but they generally include cohabitation, intent, and capacity. Currently, only a few states and the District of Columbia recognize common law marriage. Common law marriage differs from traditional marriage in that it does not require a formal ceremony or a marriage license and may have different legal requirements for dissolution and property division. Courts may consider several factors when determining whether a common law marriage exists.