Marriage is a specific legal status that a state government confers on a couple. Marriage comes with distinctive rights, roles, and protections at all levels. Examples of marriage-inspired benefits include property ownership and tax benefits.
A civil union is another example of a legal status similar to a marriage. A civil union offers protections similar to marriage, but only at the state level. For instance, those in civil unions do not enjoy federal protections like tax breaks and social security benefits.
A domestic partnership is another case of legal status. Some individuals and groups enjoy marriage rights in domestic partnerships. Those involved in these partnerships have signed agreements on their arrangements.
Similarly, common law marriages provide an alternative to conventional marriage.
Lovers in common marriages have lived together for a given period and present themselves to others as married couples. Common law married couples have never been involved in an official ceremony or got a marriage license.
Those co-habiting intends to marry someday. Hence, they do not bother to get a marriage license. A common law marriage becomes legally binding immediately after its establishment. It qualifies as both legal and traditional marriage.
It means a court must oversee the divorce of a common-law marriage.
Components of a Common Law Marriage
The state must recognize and permit common-law marriages before they can happen. While some states have fully recognized common-law unions, others have formally recognized them and will keep recognizing them once the couple satisfies all conditions before they ban this marriage type.
Below is an example of states and their common-law marriage requirement:
Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, and Utah have fully recognized common-law marriages. However, it is exclusively for inheritance in New Hampshire. It remains formal for Georgia, Idaho, Ohio, Oklahoma, and Pennsylvania if the marriage happened before 1997, 1996, 1991, 1998, and 2005, respectively.
How to Prove Common Law Marriage
The state must recognize and endorse the arrangement to prove a common-law marriage. You must have lived with your spouse for a given period, which differs by state.
The couple in a common law marriage must have the legal right to marry. Further, the couple must be 18 and above. The individuals in the marital relationship must be sound, without coercion from any quarter. Then, you and your spouse must not be married to another person.
As noted earlier, you must intend to marry and present yourselves to relatives and friends as being married. You can demonstrate this by using the same last name, running a joint bank account or credit card, and referring to each other as spouses in public.
Also, you may fill out joint tax returns or wear wedding rings to express your intent to be married.
A court must look for documentation to prove you refer to each other as spouses and that you presented yourselves to relatives and friends as being married to prove that you have done a common law marriage. For instance, documented proof may include a signed written agreement stating that you both intend to be married. Also, you may have a signed affidavit stating you are married.
You can use this documentation type to obtain benefits, like including your spouse on your insurance plan.
The court may demand various documents such as joint tax returns, joint bank account records, proof of joint ownership of property, school records naming you and your partner as spouses, adoption of your spouse’s surname, or a will or any estate document referring to you as a spouse to establish a common law marriage.
It is essential to prove you were in a common-law marriage if your partner is attempting to get a divorce, inherit property, or claim social security benefits or insurance.
The law requires you to go through the same divorce process as a conventionally married couple if you want to end your common-law marriage. The burden of proof is on the spouse who wants to get property rights, the right to financial support, or receive property.
“If your partner denies that marriage exists, you must prove that you both intended to be married and that a common law union happened,” says Attorney Matt Towson of Towson Law Firm, PLLC.
This burden of proof is why some states have invalidated common-law marriages.
Every state recognizes every marriage to an extent. It means if you are in a common law marriage and relocate to a state that does not recognize it, you remain married. You can sign an affidavit of marriage to prove you are married in your new state.
Ending a Common Law Marriage
Since common law marriage is legally binding and valid, it means you must get a divorce before you can end it, like the traditional one.
Divorce procedures differ by state. However, the process often commences when a spouse files a divorce notice with the court in their jurisdiction.
Suppose your partner and presumptive spouse dies before legally establishing the common law marriage. In that case, you must prove the marriage arrangements to receive social security and insurance benefits and inherit their property.
A court considers numerous factors to determine if a common law marriage exists. Specifically, they will check if you lived together, presented yourselves for marriage or as being married, signed contracts together, ran a joint bank account or filed joint tax returns, split household roles and costs, and had and raised any kid together.
Conclusion
A local divorce attorney is the go-to person for all your common-law marriage questions. They will answer your questions and enlighten you from the viewpoint of the law. You will make an informed decision after speaking with a local attorney.
Going into any divorce process with your lawyer for insightful and invaluable guidance is advisable. When you make mistakes and mess things up, it becomes challenging for a lawyer to clean them up. While there is no guarantee of any specific result, involving a lawyer from the outset brightens your chances.
Your attorney can help you establish your common-law marriage if necessary. They know how to gather evidence and make your partner accept responsibility.
Furthermore, your attorney can help you with the paperwork and represent you during hearings. Representing you will be a huge relief since you have no courtroom experience and can easily mix things up.