Common law marriage is an often misunderstood concept that can have important legal ramifications. People often wonder if their common law marriage will be recognized should they decide to relocate to another state. To understand this issue you must first understand exactly what constitutes a common law marriage and then you can take a closer look at the issue of changing states and trying to take your common law marriage with you.
What Is A Common Law Marriage?
You would think that people would know what constitutes a common law marriage but many people have the wrong idea. If you think that you have a common law marriage if you live together for a certain number of years or if you have kids then you need to know the truth. In order to have a common law marriage you need to do the following.
- Live together for a sufficient period of time
- Act like a married couple by using the same last name, filing joint tax returns, and referring to your partner as your husband or wife
- Have the intention of being married
Are Common Law Marriages Recognized If You Change States?
Now that you know what a common law marriage is, do they travel? This is a complicated question with a complicated answer. In short, some states acknowledge common law marriages and some don't. Some states only acknowledge common law marriages that were created before a certain date while others only recognize this type of marriage for the purpose of inheritance issues.
What Happens If You Choose To A State That Doesn't Acknowledge Common Law Marriages?
If you do choose to move to a state where common law marriages are not recognized then you will have to either cope with this loss of marital status or find another way to solidify your union and restore the many rights that come with marriage. The loss of your status will result in the loss of all the legal protections and other legal treatment that came along with this status. You may be able to recoup these rights in other ways but you will have to take deliberate action to make sure that you retain the rights that want to have if it is possible.
Why You Need To Hire An Attorney
You need to hire an attorney to help you understand what your move will mean. You may not be able to take your rights for granted anymore and you want to know what rights you might be losing. An attorney will be able to tell you this and will be able to tell you how you might get those rights back.
