Common law marriage is a legal concept that has been in existence for centuries. It refers to the idea that a couple can be considered married in the eyes of the law even if they are not legally married or have not obtained a marriage license. In this article, we will discuss whether common law marriage is recognized by the law, its history and evolution, and the different requirements for establishing a common law marriage.
History and Evolution of Common Law Marriage
The concept of common law marriage can be traced back to medieval Europe, where it was used as a way for couples to establish a legal union without going through the formalities of a church wedding. In the United States, the first common law marriages were recognized in colonial times, and many states continued to recognize them until the late 19th century.
Today, only a handful of states still recognize common law marriage. These include Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah. In these states, couples who meet certain requirements can establish a common law marriage that is just as legally binding as a traditional marriage.
Requirements for Establishing a Common Law Marriage
The requirements for establishing a common law marriage vary from state to state, but there are some common elements. Generally, in order to be considered common law married, a couple must:
- Live together: The couple must live together for a certain period of time, which varies from state to state. In some states, such as Texas, the couple must live together for at least two years to establish a common law marriage. In other states, such as Montana, the period is much shorter, at only six months.
- Hold themselves out as married: The couple must hold themselves out as married to the public. This means using the same last name, referring to each other as spouse, and presenting themselves as a married couple in social situations.
- Have the intent to be married: The couple must have the intent to be married and consider themselves to be married. This means that they must view their relationship as a committed, lifelong partnership.
Benefits of Common Law Marriage
One of the main benefits of common law marriage is that it provides legal recognition and protections for couples who choose not to get legally married. For example, if a common law married couple splits up, they may be entitled to property division, spousal support, and other benefits that are typically only available to legally married couples.
Another benefit of common law marriage is that it can simplify certain legal processes. For example, if one partner is hospitalized or incapacitated, the other partner may have the legal right to make medical decisions on their behalf.
Challenges of Common Law Marriage
Despite these benefits, there are also some challenges associated with common law marriage. One challenge is that it can be difficult to establish a common law marriage, particularly in states with strict requirements. This can lead to confusion and uncertainty about the legal status of a couple’s relationship.
Another challenge is that common law marriage can be more difficult to dissolve than a traditional marriage. In some cases, a couple may need to go through a formal divorce process even if they were never legally married.
Conclusion
In conclusion, while common law marriage is not recognized by all states, it can provide important legal protections and benefits for couples who choose not to get legally married. If you are considering establishing a common law marriage, it is important to consult with an experienced family law attorney who can advise you on the specific requirements and legal implications in your state.