Common law marriage is considered informal but legally recognized in certain states. Most states do not recognize common-law marriage, and some have even reversed it. You do not need a formal ceremony or marriage license for common law marriage. However, in the states that it is recognized, you must meet a set of requirements.
Elements of Common Law Marriage
Common law marriage is recognized in Colorado, the District of Columbia, Iowa, Kansas, Montana, Oklahoma, and Texas. Other states, such as New Hampshire and Rhode Island, will recognize it under certain circumstances. Every state is different and has its own limitations. It is highly recommended to look up your state or contact an attorney if you are considering a common-law marriage.
There are three elements to a common law marriage. These elements include cohabitation, intention of marriage, and being publicly recognized as married. However, these are subject to change at any time. One thing to remember is that you can’t have one without the other. If you live with your significant other for twenty years, that does not automatically constitute a common-law marriage.
No More Common Law
The states that no longer recognize common-law marriage are Alabama, Florida, Georgia, Indiana, Ohio, and Pennsylvania. However, they will still recognize existing common-law marriages before a certain date. For example, any common law marriage before January 1, 2017, will be considered valid in the state of Alabama. After that date, you must have a marriage license to be legally married. Each state is different, though, and they could have revoked it at different points in time.
Advantages and Disadvantages
Although common law marriage isn’t as common as it once was, there are some advantages. Common law couples are still entitled to the same benefits as legally married couples. There are financial benefits when it comes to filing taxes, receiving social security, or having health insurance. Common law couples also have rights to property, child custody, medical decisions, inheritance, and alimony.
There is also a downside to common-law marriage. All it takes is one partner to deny ever entering the marriage. You might be entitled to half of everything your partner owns, but you must prove your marriage. It can be difficult to prove a common-law marriage. There isn’t a formal agreement or contract binding either to marriage. So, it can lead to a difficult “divorce”.
Final Thoughts
If you’re considering a common-law marriage, look into the specific laws in your state. Since all states have different laws that are ever-changing, it’s important to have the most up-to-date information. Each state should have its own eligibility requirements in its revised code. When in doubt, contact an attorney in your state to discuss your options and rights.
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