COMMON LAW MARRIAGE

 

            There are many reasons why people choose not to get married, from fear that marriage will lead to divorce to the simple desire to avoid the ceremonial formality that is associated with a marriage. For those of you who choose not to get a marriage certificate, is a common law marriage a viable alternative? Well the answer to that question depends on where you live and what your reasons are for avoiding the real thing.  The idea of common law marriage emerged in medieval England, because clerics and justices who officiated at marriages were not always able to travel to rural locations where some couples lived. In that case, the couple could establish a marriage “by common law.” In most states in the United States today, there’s no such thing as a common law marriage. No matter how many years you live together, you will never have a common law marriage. Your probably asking yourself what constitutes a common law marriage? A common law marriage can occur only when:

    Unless all four are true, there is no common law marriage. Another interesting thing is that when a common law marriage exists, the couple must go through a formal divorce to end the relationship. Another question you may be asking yourself is which states recognize common law marriage? Common law marriage is recognized only in the following states:

Entering into a common law marriage while living in one of the states that permits them, and then moving to a state that doesn’t, the new state should recognize your marriage as being legally entered into in the other state.

    Suppose you do opt for the common law marriage believing that, if the relationship ends, you’ll avoid a nasty divorce. This is a bad reason to have a common law marriage. As stated before a common law marriage is legally recognized as a marriage and the only way to end it is by getting a divorce. In fact, getting a divorce is more complex because there will have to be a trial to prove whether or not you were married. If the court decides that your relationship was a common law marriage, then you’ll need to get a divorce. The problem of proving whether or not you are married under the “common law” can plague you even if you don’t want a divorce. This is because the marriage relationship involves various legal rights and if you want to exercise those rights, you may find yourself in court. Consider the following situation:

    Your common law wife is killed in an automobile accident. The accident is the other driver’s fault and you want to file a wrongful death lawsuit so that you can be compensated for your loss and your deceased wife’s loss. In order to have standing to bring the suit, you need to have a legally recognized relationship to the deceased. The issue of whether or not your relationship constituted a common law marriage may end up being litigated.

In conclusion, because the law of marriage and divorce varies form state to state, a person who may have valuable rights affected by such laws should consult with an attorney, who specializes in such matters. The foregoing should not be construed legal advice, which can only be given by an attorney who is admitted to practice in your state, to whom you pay a fee, and who in return undertakes to protect your rights and to explain your responsibilities.

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