Anaya Nolan
Common-law marriage, also known as marriage without formalities or informal marriage, is a valid and legal way for a couple to marry in certain states or countries. Common-law marriage grants many of the same legal rights as a formal marriage, including inheritance rights and other economic benefits. However, it is important to note that not all states or countries recognize common-law marriage, and the requirements for establishing one vary. For example, in some places, couples must live together for a certain period, while in others, simply holding themselves out as a married couple is sufficient. So, can you get married after a common-law marriage? The answer is yes, as common-law marriage is a valid form of marriage in certain jurisdictions. However, it is important to understand the specific laws and requirements of your location to ensure your common-law marriage is recognized.
Can I get married after a common-law marriage?
| Characteristics | Values |
|---|---|
| Is common-law marriage legal? | Common-law marriage is legal in some US states and in Norway. US states that recognize common-law marriage include Texas, Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Utah, and the District of Columbia. Alabama, Alaska, Florida, Georgia, Indiana, Michigan, Minnesota, Mississippi, Nevada, Ohio, Pennsylvania, and South Carolina have abolished common-law marriage but still recognize marriages that existed before the law changed. |
| How do I enter into a common-law marriage? | To enter into a common-law marriage, a couple must live together, intend to be married, and hold themselves out in public as a married couple. There is no time requirement for how long a couple must live together, but some states have set time limits on proceedings to have a common-law marriage recognized. |
| What are the benefits of a common-law marriage? | A common-law marriage is treated the same as a traditional marriage and grants the same legal rights and benefits, including inheritance rights, tax breaks, and other estate planning benefits. |
| Can I get a divorce from a common-law marriage? | Yes, if you are in a common-law marriage, you will follow the same steps for divorce as married couples who are not common-law married. |
| Can I change my name in a common-law marriage? | Your last name does not automatically change with a common-law marriage, but you can change your name by petitioning the court. The name change process varies by state. |
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What You'll Learn
Common-law marriage requirements
Common-law marriage, also known as non-ceremonial marriage, is a legally binding marriage without a ceremony or other formalities. It is created only if certain specific legal requirements are met. Common-law marriage is currently recognized in seven states and the District of Columbia in the US, as well as in certain other countries. For example, in Texas, a common-law marriage may be proved by evidence that the couple agreed to be married, lived together, and held themselves out to others as a married couple.
To be considered common-law married, the couple must meet all the following criteria:
- Both partners must have the legal right or capacity to marry. This means they must be of marriageable age, usually 18 years or older, and of sound mind. They also cannot be married to other people.
- Both partners must intend to be married and behave as a married couple. This means holding themselves out to friends, family, and the public as being a married couple.
- The couple must live together. There is no statutory requirement for the length of time a couple needs to live together, but generally, the longer a couple lives together, the stronger their case is for common-law marriage.
In some states, couples can register their common-law marriage by filing a declaration with the county clerk, which then serves as valid proof of marriage. Proving a common-law marriage can be important when a relationship is ending (divorce) and in determining inheritance rights.
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Same-sex common-law marriage
In the United States, common-law marriage is a way for couples to marry without a ceremony or marriage license. Common-law marriage is only recognized in a handful of states, including Texas, Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Utah, and the District of Columbia. Some states, like Alabama, have moved to abolish it.
Same-sex couples can enter into a common-law marriage in states that recognize common-law marriages. After the Obergefell v. Hodges Supreme Court decision in 2015, which legalized same-sex marriage across the US, same-sex couples could claim common-law marriage. Same-sex couples in common-law marriages have the same legal rights as other couples, including the right to Social Security benefits based on their spouse's earnings record.
To establish a common-law marriage, couples must generally meet the following requirements:
- Be eligible to be married
- Cohabitate in a place that recognizes common-law marriage
- Intend to be married
- Hold themselves out in public as a married couple
Couples can register their common-law marriage by filing a declaration with their county clerk, though this is not required. If no declaration is filed, documents such as lease agreements, tax returns, and insurance policies may be requested to prove the marriage. If there is a dispute about the existence of a common-law marriage, it may be necessary to go to court to prove the marriage.
It's important to note that the process of ending a common-law marriage is the same as a traditional divorce, and it may be advisable to hire an attorney.
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Common-law marriage and name changes
A common-law marriage is a union between a man and a woman who have not been formally married but are recognized by a state as married based on that state's laws. Not all states in the US recognize common-law marriages, and each state has its own requirements for what constitutes a common-law marriage.
In terms of name changes, the right to change your name after marriage is based on case law (or common law) rather than statute. This means that, in most states, you can change your name by simply assuming a new name, without needing to go through a legal process. However, to make the name change official and update government records and identification, you will need to obtain legal permission to change your name through your local county court system. This typically involves attending a hearing and certifying under oath that you are changing your name willingly and without fraudulent intent.
Once you have received the signed court order, you can present it to local agencies, creditors, banking institutions, and schools to implement the name change and obtain a new identification card. It is important to note that changing your legal name does not automatically update your birth certificate, driver's license, Social Security card, or other records. You must update these documents individually, usually by providing evidence of the legal name change.
In some states, such as Texas, there is no specific law about changing your name after an informal (common-law) marriage. However, you will still need to provide a marriage license or a marriage verification letter from the state health department to change your name on a driver's license or ID.
It is recommended to consult an experienced family law attorney to understand the specific requirements and processes for common-law marriage and name changes in your state, as they can vary across the US.
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Common-law marriage and cohabitation
Common-law marriage, also known as marriage without formalities or informal marriage, is a valid and legal way for a couple to marry in certain states. Common-law marriage traces its roots back to England, where many couples lived together and acted as husband and wife for long periods without an official ceremony. In the US, common-law marriage is recognised in only a handful of states, including Texas, Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Utah, and the District of Columbia. Some states, such as Alabama, Alaska, Florida, Georgia, and Ohio, have abolished common-law marriage but still recognise those that existed before the cut-off date.
To enter into a common-law marriage, a couple must generally satisfy the following requirements: be eligible to be married, cohabit in a place that recognises common-law marriage, intend to be married and hold themselves out in public as a married couple. This means that simply cohabiting is not enough to qualify as a common-law marriage, and there is no time requirement for how long a couple must live together. However, in some states, there are specific requirements that must be met. For example, in Texas, couples can register their common-law marriage by filing a declaration with the county clerk, and if no declaration was filed, they may need to go to court to prove the marriage.
Once established, a common-law marriage grants many of the same legal rights as a formal marriage, including inheritance rights, tax breaks, and other benefits. If a common-law married couple wishes to divorce, they must follow the same steps as legally married couples, and in some states, there are time limits on these proceedings. It is important to note that common-law marriage does not automatically change one's last name, but a name change can be petitioned through the court.
In addition to the US, other countries like Norway recognise cohabiting couples by granting them certain marriage-like rights. For example, Norwegian inheritance laws allow unmarried couples with children to receive a certain amount if their partner dies without a will.
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Common-law marriage in Texas
Texas is one of the few states that recognize common-law marriages. A common-law marriage, also known as a marriage without formalities or an informal marriage, is a valid and legal way for a couple to marry in Texas. It is a sort of \"marriage-like\" status that does not require a formal, licensed marriage ceremony.
To enter into a common-law marriage in Texas, a couple must generally satisfy the following requirements:
- Be eligible to be married
- Cohabitate in Texas
- Intend to be married
- Hold themselves out in public as a married couple
Same-sex couples can also establish a common-law marriage in Texas. After the U.S. Supreme Court's decision in Obergefell v. Hodges, which legalized same-sex marriage across the U.S., these couples could claim common-law marriage.
Proving a common-law marriage in Texas may be important when a relationship is ending (divorce) and in determining inheritance rights. While it is not a requirement, couples can register their common-law marriage by filing a declaration with the county clerk. For couples that choose not to declare their common-law marriage, documents such as lease agreements, tax returns, and insurance policies may be requested to prove the marriage. If no declaration was filed and there is a dispute as to whether a common-law marriage existed, it may be necessary to go to court to prove the marriage. Texas law places a two-year statute of limitations on these types of proceedings.
It is important to note that common-law marriage is not the same as cohabitation or living together as partners. It is a legal marriage that grants many of the same rights as a formal marriage, including tax breaks and inheritance rights. If a common-law marriage is proven, community property and debts are divided in the same way as in a formal marriage.
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Frequently asked questions
Common-law marriage, also known as marriage without formalities or informal marriage, is a valid and legal way for a couple to marry without an official ceremony. It grants many of the same legal rights as a formal marriage.
Only certain states recognize common-law marriage, including Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia. Additionally, some states recognize common-law marriages that existed before they abolished this type of marriage.
Yes, you can get married after a common-law marriage. If you move to a state that does not recognize common-law marriages, your informal marriage is still valid under the full faith and credit clause of the U.S. Constitution. However, if you wish to avoid being considered legally married in a common-law marriage state, you can sign a written statement expressing that you and your partner are not married under common law.
