Common law marriage, also known as non-ceremonial marriage or informal marriage, is a type of marriage that is recognized in some states in the United States. Unlike a traditional marriage, a common law marriage does not require a formal ceremony or a marriage license. Instead, it is established through the parties’ actions and intentions. In this article, we will explore the ins and outs of establishing a common law marriage.
Definition of Common Law Marriage
Common Law Marriage: A common law marriage is a type of marriage that is recognized by some states in the United States. It is a legal union between two people who have lived together and held themselves out to others as a married couple for a certain period of time. The specific requirements for establishing a common law marriage vary by state.
Requirements for Establishing a Common Law Marriage
- Cohabitation
Cohabitation is one of the essential requirements for establishing a common law marriage. The parties must have lived together in the same residence for a certain period of time, which varies by state.
- Holding Out
The parties must hold themselves out to others as a married couple. This means that they must present themselves to others as being married, such as by referring to each other as husband and wife, filing joint tax returns, or wearing wedding rings.
- Intent
The parties must have the intent to be married. This means that they must intend to be in a committed, monogamous relationship, and to be married in the eyes of the law.
Recognition of Common Law Marriage
- State Law
The recognition of common law marriage varies by state. Some states recognize common law marriage, while others do not. Some states have abolished common law marriage but still recognize common law marriages established before a certain date.
- Burden of Proof
The burden of proof for establishing a common law marriage also varies by state. In some states, the burden of proof is on the party seeking to establish the common law marriage, while in other states, the burden of proof is on the party challenging the existence of the common law marriage.
- Divorce and Property Division
If a common law marriage is recognized, the parties are entitled to the same rights and benefits as parties to a traditional marriage, including the right to divorce and the right to division of property in the event of a divorce.
Benefits of Common Law Marriage
- Legal Recognition
Common law marriage provides legal recognition to couples who choose not to have a formal wedding ceremony or obtain a marriage license.
- Access to Benefits
Common law marriage provides access to many of the same benefits as traditional marriage, including spousal benefits, health insurance coverage, and survivor benefits.
- Simplification of Legal Matters
Common law marriage can simplify legal matters, such as inheritance, property division, and custody arrangements.
Challenges of Common Law Marriage
- Proof of Marriage
One of the challenges of common law marriage is proving that the parties are, in fact, married. This can be difficult, especially if there is no formal documentation of the marriage.
- Limited Recognition
Common law marriage is only recognized in a limited number of states, which can create complications for couples who move or travel to other states.
- Lack of Legal Protections
Common law marriage does not provide all of the legal protections of traditional marriage, such as protections against domestic violence and the ability to make medical decisions on behalf of one’s spouse.
Conclusion
Common law marriage is a legal option for couples who choose not to have a formal wedding ceremony or obtain a marriage license. While it provides many of the same benefits as traditional marriage, it also comes with its own challenges and limitations. It is important to understand the specific requirements for establishing a common law marriage in your state and to be aware of the legal protections and limitations that come with this type of marriage. If you are considering entering into a common law marriage, it may be beneficial to consult with a lawyer to ensure that your rights and interests are protected. Overall, common law marriage is a unique and increasingly popular option for couples who want to formalize their commitment to each other without going through a traditional wedding ceremony or obtaining a marriage license.