Featured News 2013 What is Common Law Marriage?

What is Common Law Marriage?

In some states, you don’t have to have an elaborate wedding, wear a white dress and tuxedo, or even sign a marriage license in order to be considered husband and wife. This is because these states observe common law marriage. This is a marriage that is legally valid even through the couple never signed a document or went through the wedding ceremony. The states that observe common law marriage believe that couples that act like they are wed should be considered marriage. The government determines whether or not a couple is considered married based on their behavior and lifestyle.

The only states that observe common law marriage are Alabama, Texas, South Carolina, Iowa, Montana, Utah, Oklahoma, Rhode Island, Kansas and Colorado. You can also obtain a common law marriage in the District of Columbia. There are also some states that recognize common law marriages that were formed bored a certain date. In New Hampshire, common law marriage is recognized when it is regarding the rights of an inheritance. The situations regarding common law marriage are governed by the state. Although the requirements for a common law marriage vary slightly depending on the state that the laws were made in, they all have common components.

In order to qualify for a common law marriage in any state, people typically need to be single and of a legal age. As well, they need to agree that they intend to be married in the future. They also need to live together and conduct themselves in a manner that would lead others to assume that they were married. This means that they will need to refer to one another as husband and wife, use the same last name, and possible file a joint tax return. The relationship must be distinguishable from roommate-type relationships. That means that it is often implied that the common law marriage couple has a sexual and romantic relationship.

In recent years, some of these states have started recognizing homosexual couples to be in common law marriages if they fit all of the qualifications. This can be helpful for them if they want the financial or legal benefits of a marriage but live in a state where most homosexual marriages are not permitted. If you are in a homosexual marriage and want to determine whether or not you can be considered wed through common law marriage, then you need to talk to a local family law attorney about your situation today. If you live in a state where common law marriages are accepted, you may be curious as to what will happen if you choose to leave your partner. If you are in a legal common law marriage, then you will have to go through the divorce process just like any couple who has a marriage license.

In these circumstances, there are times that one partner will deny that the marriage every existed while the other fights for a proper divorce. In these circumstances, the party that wants the divorce will probably need to produce evidence that they were a couple and that they were in a common law marriage. For example, if there are copies of a joint tax filing or documents which refer to the couple as Mr. & Mrs. then these may serve as evidence. If you and your common law marriage partner move to a state that does not recognize common law marriage, then this means that you will normally be considered legally married in another state. The existence of the marriage will depend on the couple’s actions in the original state and this may become more difficult to prove if both spouses are living apart. Once again, if you are in this situation you will want to get a lawyer involved. Contact an attorney today to talk about common law marriage and how it may affect your current situation.

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