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Home laws and regulations Common Law Marriage: What It Is & How It Works

Common Law Marriage: What It Is & How It Works

by Joy

When most people think of marriage, they think of a formal ceremony with vows and witnesses. However, in some states in the United States, there is such a thing as common law marriage. Common law marriage is when two people have been living together for a certain period of time and are considered legally married without having had a formal wedding ceremony. In this article, we will explore what common law marriage is, how it works, and the different aspects that come with it.

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What is Common Law Marriage?

Common law marriage is a type of marriage recognized by some states in the United States. It is a form of marriage that does not require a license or a formal ceremony. Instead, it is based on the couple’s actions and relations, and it is considered just as valid as a traditional marriage.

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The requirements for common law marriage vary from state to state. In some states, such as Texas, the couple must live together for at least two years. In other states, such as Colorado and Iowa, there is no specific time frame, but the couple must show evidence of their intent to be married, such as referring to each other as husband and wife, filing joint tax returns, or sharing bank accounts.

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How It Works

If a couple meets the requirements for common law marriage in their state, they are considered legally married, which means they have the same rights and obligations as couples who go through a formal ceremony. This includes the right to inherit property from each other, the ability to file taxes jointly, and the obligation to support each other financially.

In order to legally end a common law marriage, the couple must go through a divorce, just like any other married couple. This means dividing assets, negotiating alimony or spousal support, and establishing child custody arrangements if applicable.

Different Aspects of Common Law Marriage

  1. Property Division

One of the biggest issues that come up in common law marriage is property division. If the couple decides to separate, they will need to divide their assets just like any other married couple. However, since there was no formal ceremony or documentation of their marriage, it can be difficult to determine what property belongs to whom.

  • Jointly Owned Property

If the couple has shared property, such as a house or car, they may need to sell it and split the proceeds between them. If one person contributed more financially to the shared property, they may be entitled to a larger share of the profits from its sale.

  • Separate Property

If each person brought their own property into the relationship, such as a personal savings account or a car, they will usually keep those assets after the separation.

  • Prenuptial Agreements

To avoid any confusion or disagreements about property division in the event of a separation, couples can create a prenuptial agreement before moving in together. This agreement outlines how assets will be divided if the relationship ends.

  1. Spousal Support

Spousal support, also known as alimony, is financial support paid by one spouse to another after a divorce. In common law marriage, spousal support may be awarded to a partner who earns less than the other or gave up a career to support the household. The amount and duration of spousal support will depend on several factors, including the length of the relationship, the income of each partner, and the earning potential of the partner requesting support.

  1. Child Custody

If the common law couple has children, they will need to establish child custody arrangements during the divorce process. This includes deciding where the children will live, how much time they will spend with each parent, and who will make important decisions for them.

  • Joint Custody

In many cases, common law couples will agree to joint custody, where both parents share equal custody and decision-making responsibilities.

  • Sole Custody

In some cases, one parent may be awarded sole custody if the other is deemed unfit or unable to care for the children.

  • Visitation Rights

The non-custodial parent will usually have visitation rights, allowing them to spend time with the children on a regular basis.

Conclusion

While common law marriage may not be recognized in all states, it is an important legal concept that affects many couples in those that do recognize it. Understanding the requirements for common law marriage and the different aspects that come with it can help couples make informed decisions about their relationships and protect themselves in the event of a separation. It is always recommended to consult with a family lawyer to ensure that your rights and obligations are protected under the law.

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