Understanding the complexities of a common law marriage and its dissolution can be quite challenging. This comprehensive guide aims to clarify the intricacies involved in common law marriages, particularly focusing on the legal definition, dissolution process, and specific considerations in your jurisdiction. Whether you are currently in a common law marriage or contemplating its end, this article will provide essential insights and emphasize the importance of seeking legal advice.
Legal Definition of Common Law Marriage
What is a Common Law Marriage?
A common law marriage is a legally recognized union between two individuals who live together and present themselves as a married couple without having undergone a formal marriage ceremony or obtaining a marriage license. Unlike traditional marriages, which require a ceremony and legal documentation, common law marriages rely on the couple’s actions and intent.
Requirements for Common Law Marriage
The requirements for a common law marriage vary by jurisdiction, but generally include the following:
Cohabitation: The couple must live together for a significant period.
Intent to Marry: Both parties must intend to be married and hold themselves out as a married couple.
Public Declaration: The couple must present themselves to the public as a married couple, using the same last name, referring to each other as spouses, or filing joint tax returns.
Legal Recognition of Common Law Marriage
Not all states recognize common law marriages. As of now, states that do recognize common law marriage include Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, Utah, and the District of Columbia. Additionally, some states recognize common law marriages formed before a certain date. For example, Pennsylvania recognizes common law marriages entered into before September 2003.
If you live in a state that recognizes common law marriage and meet the necessary criteria, your relationship may be considered a legal marriage. This means that if you decide to end the relationship, you will need to undergo a legal process similar to a traditional divorce.
Dissolution of Common Law Marriage
Formal Dissolution
Ending a common law marriage involves a legal process akin to dissolving a traditional marriage. This process can vary by state, but generally includes:
Filing for Dissolution
To formally end a common law marriage, you must file a petition for dissolution of marriage (divorce) with the court. This process typically involves:
Paperwork: Completing and filing the necessary forms, which may include a petition for dissolution of marriage, financial affidavits, and parenting plans if children are involved.
Court Appearances: Attending court hearings to address issues such as property division, child custody, and spousal support.
Annulment
In some cases, couples may seek an annulment rather than a divorce. An annulment declares that the marriage was never valid. Grounds for annulment can include fraud, bigamy, mental incapacity, or coercion.
Separation
If you do not wish to formally dissolve the common law marriage through divorce, you may consider a legal separation. This process involves:
Legal Separation Process
Filing for Separation: Similar to filing for divorce, you will need to complete and submit forms to the court.
Separation Agreement: Developing a separation agreement that outlines the division of property, child custody arrangements, and spousal support.
Implications of Separation
While legal separation allows couples to live apart and resolve financial and custody issues, it does not end the marriage. This means that neither party can remarry unless they obtain a formal divorce.
Differences from Traditional Divorce
Dissolving a common law marriage has unique aspects compared to a traditional divorce:
Proof of Marriage: Establishing that a common law marriage existed can be challenging. You may need to provide evidence such as joint bank accounts, shared bills, or affidavits from friends and family.
Jurisdiction Issues: If you move to a state that does not recognize common law marriage, you may face additional hurdles in seeking a divorce.
Legal Considerations
Property Division
The division of property in a common law marriage follows the same principles as in a traditional marriage. Property acquired during the marriage is considered marital property and subject to equitable division. Factors that influence property division include:
Length of the Marriage: The duration of the marriage can affect the division of assets.
Contribution to the Marriage: Contributions by each spouse, including non-financial contributions such as homemaking, are considered.
Economic Circumstances: The financial status and needs of each spouse are taken into account.
Child Custody and Support
Determining child custody and support in a common law marriage dissolution involves similar processes as in traditional divorces:
Custody Arrangements: Courts prioritize the best interests of the child, considering factors such as the child’s relationship with each parent, each parent’s ability to provide a stable environment, and any history of abuse or neglect.
Child Support: Both parents are responsible for supporting their children. The amount of support is typically determined based on each parent’s income, the needs of the child, and custody arrangements.
Spousal Support
Spousal support, or alimony, may be awarded in a common law marriage dissolution based on:
Length of the Marriage: Longer marriages are more likely to result in spousal support.
Economic Disparities: Significant differences in earning capacities between spouses can influence support awards.
Contributions to the Marriage: Non-financial contributions, such as homemaking or supporting a spouse’s career, are considered.
State-Specific Information
Laws regarding common law marriage and its dissolution vary widely. It is crucial to understand the specific requirements and processes in your state. For instance, in Texas, couples must prove they agreed to be married, lived together in Texas as a married couple, and represented to others that they were married. If they separate and do not file for divorce within two years, there is a presumption that no common law marriage existed.
In Colorado, couples must prove cohabitation, mutual agreement to be married, and holding out as married to the public. Courts in Colorado consider factors such as joint tax returns, joint bank accounts, and shared property when determining the existence of a common law marriage.
See Also: How to Obtain Your Labour Card Number: A Comprehensive Guide
Legal Advice
Given the complexities involved in both establishing and dissolving a common law marriage, it is essential to seek legal counsel from an experienced family law attorney. A qualified attorney can help you navigate the legal requirements, gather necessary evidence, and represent your interests in court.
Conclusion
If you are in a common law marriage and considering separation or dissolution, consult with a family law attorney to understand your rights and obligations. Legal guidance is crucial to ensuring a fair and equitable resolution of issues such as property division, child custody, and spousal support.
Understanding and navigating the dissolution of a common law marriage requires thorough knowledge of your state’s specific laws and procedures. This comprehensive guide provides a solid foundation, but the importance of personalized legal advice cannot be overstated. If you find yourself in this situation, contact a family law attorney to guide you through the process and protect your rights.
FAQs
Is there a limit to the number of times you can get married?
There is no legal limit to the number of times you can get married in the United States. An individual can marry as many times as they choose, provided each previous marriage has been legally dissolved either through divorce, annulment, or the death of a spouse. The laws primarily focus on ensuring that one is not married to multiple people at the same time, as bigamy is illegal. Each new marriage must comply with state laws regarding the dissolution of prior marriages.
How long after you get divorced can you get married in Oklahoma?
In Oklahoma, there is a mandatory waiting period of six months after a divorce before one can legally remarry. This waiting period is intended to provide time for any appeals or reconciliations. If a person remarries before this period is over, the new marriage is considered void. Therefore, it is crucial to observe this waiting period to ensure the legality of any subsequent marriage.
How many times can you legally get married in the United States?
Legally, there is no cap on the number of times a person can get married in the United States. The primary legal requirement is that each previous marriage must be properly ended before entering into a new one. This can be done through divorce, annulment, or the death of a spouse. As long as each previous marriage is legally terminated, an individual is free to marry again without any legal restrictions on the number of times they can do so.