Common law marriage is a union between two people that have lived together for an extended period of time and have opened held themselves out to the public as being married but who have never actually taken the step of entering into a civil marriage with any State or court representative. A common law marriage is recognized in Alabama, Colorado, District of Columbia, Iowa, Kansas, Montana, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah. New Hampshire will recognize a common law marriage only when one spouse dies without a will or valid estate plan. For the purposes and in all other States common law marriage is not recognized at this time. A common law union will not be recognized for legal purposes in all other States. It may be important to note that where two people live together for a long, extended period of time but have never suggested that they are husband and wife are not considered married even in States that recognize common law marriages.
Elements of Common Law Marriage
Where a common law marriage has been recognized by a court the couple will receive the same legal treatment concerning thier union as those couples that had the regular civil marriage ceremony and regular civil record of the marital proceeding. In fact, that couple will need to get a civil divorce if they should decide to end their common law marriage. In Alabama, Etheridge v. Yeager, 465 S.2d 378 (Ala, 1985) a judge reaffirmed the requirements for a common law marriage:
- Capacity
- Present, mutual agreement to permanently enter into a marriage relationship
- Public recognition of the marriage or public assumption by the couple of marital duties and cohabitation.
No ceremony or express words are required for common law marriage but the above elements must be implied from the circumstances. Many courts will recognize a common law marriage or similar relationship to the extent that where children are involved both parents will be required to pay child support for those “marital children.”
Getting Legal Help
If you or a member of your family has become involved in a common law marriage in a State that recognizes common law marriages and you would like to better understand your rights and responsibilities under the law concerning that relationship it would be helpful to contact a divorce lawyer and to discuss the circumstances of the relationship and the future plans for the relationship and any children that may be involved in the marriage.
