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, like New Hampshire and Rhode Island, will recognize it under certain circumstances. Every state is different and has its own limitations. It is highly recommended that you 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.
No More Common Law
Alabama, Florida, Georgia, Indiana, Ohio, and Pennsylvania are the states that no longer recognize common-law marriage. 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 Alabama. After that date, you must have a marriage license to be legally married. Each state is different, though; they could have revoked it at different times.
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”.
Should you be in the midst of a divorce or contemplating divorce, contact the Law Offices of Renee Lazar at 978-844-4095 to schedule a FREE one hour no obligation consultation.
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