Common law marriage is a term used to describe a relationship between two people who live together as a married couple, without actually obtaining a formal marriage license. While not recognized in all states, common law marriage can still provide legal protections and benefits for couples. In this article, we will discuss the steps to common law marriage and how it differs from traditional marriage.
Step 1: Cohabitation
The first step towards common law marriage is cohabitation, which means living together as a couple. To establish a common law marriage, most states require that the couple must live together for a certain period of time, typically ranging from six months to one year. During this time, the couple should act as if they are married, including sharing expenses, jointly owning property, and presenting themselves as a married couple to others.
- Research the specific timeframe required for common law marriage in your state
- Make sure to keep documentation of shared expenses and joint ownership of property
- Present yourselves as a married couple to friends, family, and coworkers
Step 2: Mutual Agreement
In addition to cohabitation, the couple must also mutually agree to enter into a common law marriage. This means that both parties must intend to create a marital relationship, with all its rights and responsibilities. This agreement can be made verbally or in writing, but it must be clear and unambiguous.
- Discuss the intention to enter into a common law marriage with your partner
- Consider drafting a written agreement to make the terms of the common law marriage clear
- Consult with an attorney to ensure the agreement is legally enforceable
Step 3: Holding Out
Another important factor in establishing a common law marriage is holding out, which means presenting yourselves as a married couple to the outside world. This includes using the same last name, introducing each other as spouses, and filing taxes jointly. These actions demonstrate to others that you consider yourselves to be married, and can help establish the existence of a common law marriage.
- Decide if you want to use the same last name and inform friends, family, and coworkers of your marital status
- Introduce each other as spouses in social and professional settings
- File taxes jointly and list each other as beneficiaries on insurance policies and retirement accounts
Step 4: Public Declaration
Finally, to establish a common law marriage, the couple must make a public declaration of their relationship. This can be done through a ceremony or by simply declaring to others that they are married. While not required in all states, a public declaration can provide additional evidence of the couple’s intent to be married and can help establish the existence of a common law marriage.
- Consider having a ceremony or exchanging vows to publicly declare your commitment to each other
- Make sure to obtain any necessary licenses or permits for a ceremony
- Notify friends, family, and coworkers of your marital status after making a public declaration
While common law marriage may not be recognized in all states, it can still provide legal protections and benefits for couples who live together as if they are married. By following the steps outlined in this article, couples can establish a common law marriage and enjoy the rights and responsibilities that come with it. Remember to consult with an attorney for specific guidance on the laws in your state and to ensure that your agreement is legally enforceable.