Some couples think that if they have cohabitated for long enough, they are already in a common law marriage. The fact is, common law marriage is only recognized in about a dozen states, and there is no set amount of time that turns cohabitation into a common law marriage. Keep reading to learn what common law marriage really means, and get some myths cleared up in the process.

Common law marriage is recognized in: Alabama, Colorado, District of Columbia, Iowa, Kansas, Montana, New Hampshire (only for inheritances), Oklahoma, Rhode Island, South Carolina, Texas, and Utah. There are additional states that will recognize a common law marriage if it was formed before the law disappeared. For example, in Georgia, this would mean a common law marriage that was established before 1997, before 1996 in Idaho, before 1991 in Ohio, and before 2005 in Pennsylvania. Kentucky only acknowledges common law in order to give out workers' compensation. Even states that do not recognize common law marriage will do so when this relationship was created in a state where it is acknowledged.

There are specific requirements that have to be met in order for a relationship to become a common law marriage, and these include: being a heterosexual couple who cohabitates in a state where common law is recognized; you have cohabitated for a considerable amount of time (unfortunately this one is a bit vague); and you hold yourselves out as husband and wife (sharing a last name, referring to each other as "my husband", "my wife", filing jointly for taxes, etc.).

Here are some other things to know about common law marriage in states where it is recognized, presented first through misinformation:

1. There are no legal consequences to ending a common law marriage. If you and your common law spouse want to split up, then this would look very similar to a typical divorce. There would still be issues of property division, spousal support, etc.

2. Common law marriage does not start until a couple cohabitates for at least 10 years. There is no specified time limit that would signify the beginning of a common law marriage. Whether the relationship has lasted long enough would rest on other factors.

3. It is no big deal if relatives and friends assume I'm married. Unfortunately, this could not be further from the truth. If your common law spouse turns into your ex, they could assert that you were in fact married, and their friends and family could take their side, causing you to lose out on a good deal of money.

4. If we have a child together, that means we're in a common law marriage. This would not be the key to this relationship. What matters is if you two hold yourselves out as a married couple.

5. I can tell an insurance company that were are married couple to get the benefits, but nothing more will come of it. Far from it, this is one of the many ways you could be counted as your holding yourself out as a married couple. This could clinch your status as a couple in a common law marriage.

6. All it takes is an annulment to end a common law marriage. Nope. You need to get a divorce to end the relationship.

7. We have never thought about having a ceremony, so we are not in a common law marriage. No, a common law marriage can be established without a planning for a ceremony in the future.

8. A joint tax return only matters in federal law, not state law. Far from it. This would be one giant way of holding yourselves out as a married couple. If an ex is trying to establish that you two were in a common law marriage, and you filed for taxes jointly, their lawyer will certainly use that form to prove their point.

9. It doesn't matter whether or not we were in a common law marriage if I have an amicable relationship with my ex. If you pass away, your ex could make a claim on a great deal of your property, and this could mean that it is taken away from your biological heirs.

10. If I am in a common law marriage right now, this will only matter if we ever want to split up. Not necessarily. You need to be aware of the legal ramifications of this relationship as soon as possible, so that you can know what legal steps are necessary to protect your future.

If you have any further questions on the matter, or if you need assistance, such as avoiding the legal implications of this relationship or legally changing your name, then it is time to contact an experienced family law attorney. Start looking for an attorney on our directory today!