Cecily Zamora
Common-law marriage is a type of informal marriage that does not require a marriage license, ceremony, or certificate. Instead, couples must cohabit and present themselves as a married couple to be considered married under common law. While only a handful of states in the U.S. recognize common-law marriage, North and South Carolina do not currently recognize common-law marriage. However, North and South Carolina will recognize a common-law marriage that was established in another state.
| Characteristics | Values |
|---|---|
| States that recognize common law marriage | Alabama, Colorado, District of Columbia, Florida (before Jan. 1, 1968), Georgia (before Jan. 1, 1997), Idaho, Indiana (before Jan. 1, 1958), Iowa, Kansas, Montana, New Hampshire, Ohio (before Oct. 10, 1991), Oklahoma, Pennsylvania (before Jan. 1, 2005), Rhode Island, South Carolina (before July 24, 2019), Texas, Utah |
| North Carolina's recognition of common law marriage | North Carolina does not recognize common law marriage. However, it will recognize a common law marriage from another state. |
| South Carolina's recognition of common law marriage | South Carolina no longer recognizes common law marriage as of July 24, 2019. Common law marriages created before this date are still recognized. |
| Requirements for common law marriage | Typically, couples must cohabit for a certain period, demonstrate mutual consent, and publicly present themselves as a married couple. Other requirements may include sharing financial responsibilities, having a written agreement, and providing valid identification. |
| Divorce process for common law marriage | Couples in a common law marriage must follow the same divorce process as statutory marriages. There is no option for common-law divorce. |
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What You'll Learn
- North Carolina does not recognise common-law marriage
- Common-law marriages in South Carolina before July 24, 2019, are still valid
- Common-law marriages in other states are recognised in North Carolina
- North Carolina common-law divorce requirements
- Benefits and legal protections of common-law marriage in the Carolinas
North Carolina does not recognise common-law marriage
In the United States, a couple is typically considered married when they obtain a marriage license and have a marriage ceremony. However, some states recognize common-law marriages, where couples are considered married by cohabiting and presenting themselves as a married couple without the legal documentation.
North Carolina law (Chapter 51) does not recognize common-law marriages. Couples who wish to marry in North Carolina must obtain a marriage license and have their union solemnized by an ordained minister, a ceremony recognized by a Native American tribe, or a magistrate. Despite this, North Carolina will recognize common-law marriages that were established in other states, provided that the couple can prove the date that the common-law marriage began. This is due to the Full Faith and Credit Clause of the U.S. Constitution, which requires states to recognize legal acts under other states' laws, including marriage.
For example, if a couple met the requirements for a common-law marriage in Utah and then moved to North Carolina, their marriage would still be recognized as legal in North Carolina, despite the latter not permitting common-law marriages to be formed within the state. However, if a couple was in a common-law marriage in a state that still recognizes it, and then moved to a state that does not, they would still need to pursue a statutory divorce process to legally separate.
Although common-law married couples in North Carolina can enjoy the same legal and economic benefits as couples with a marriage license, they may face complications when divorcing. For instance, it can be difficult to prove that a couple was married in the first place, and one party may claim they never intended to be married. Therefore, couples in North Carolina must obtain a legal divorce to separate, which requires physical separation for at least one year and residence in the state for at least six months prior to filing.
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Common-law marriages in South Carolina before July 24, 2019, are still valid
In the United States, a couple is typically considered married if they obtain a marriage license and have a marriage ceremony. However, a few states recognize common-law marriages, where couples are considered married by cohabiting and presenting themselves as a married couple without the legal documentation.
North Carolina does not recognize common-law marriages within the state. However, if a couple has a valid common-law marriage in another state and then moves to North Carolina, their marriage will be recognized as legal in North Carolina.
South Carolina previously recognized common-law marriages but no longer does so following a ruling by the South Carolina Supreme Court on July 24, 2019. This ruling ended the recognition of new common-law marriages in the state. However, any couples who were already recognized as being married under common law before this date will still be considered legally married.
It is important to note that the requirements for common-law marriages vary by state. Couples must meet specific criteria, such as cohabiting for a certain period, demonstrating mutual consent, and publicly presenting themselves as a married couple. If a couple's relationship meets all the requirements of a common-law marriage in a state that recognizes such marriages, their marriage will be legally valid.
Additionally, if a couple with a valid common-law marriage moves to a state that does not recognize common-law marriages, their marriage will still be recognized due to the Full Faith and Credit Clause of the U.S. Constitution, which requires states to respect the laws of other states.
In summary, while North Carolina does not have common-law marriages, it recognizes valid common-law marriages from other states. South Carolina previously recognized common-law marriages, and those marriages established before July 24, 2019, are still valid, but new common-law marriages are no longer recognized in the state.
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Common-law marriages in other states are recognised in North Carolina
North Carolina does not recognize common-law marriages within its borders. However, it does recognize common-law marriages from other states. This is due to the Full Faith and Credit Clause in Article IV, Section 1 of the US Constitution, which states that "Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state."
For example, if a couple is common-law married in a state that recognizes such marriages, and then moves to North Carolina, their marriage will be recognized as legal in North Carolina. This is true even if the couple's marriage was established in a state that no longer recognizes common-law marriages, such as Colorado or Texas.
In the case of a divorce, a common-law married couple in North Carolina would have to go through the same legal process as a couple with a marriage license. This includes physically separating and waiting at least one year before the divorce can be finalized.
It is important to note that common-law marriages are not the same as couples simply "living together." In a common-law marriage, the couple presents themselves to the community as a married husband and wife, and they must meet the specific requirements of the state where the marriage was established.
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North Carolina common-law divorce requirements
In North Carolina, common-law marriage is not recognized. However, if a couple is considered married under common law in a state that recognizes it, such as Texas or Montana, North Carolina will recognize the marriage as legal.
For couples seeking a divorce in North Carolina, there are specific requirements that must be met, regardless of whether the marriage was common-law or through a marriage license and ceremony. These requirements include:
- Physical separation for at least a year and a day: This means living in different homes, with at least one spouse intending for the separation to be permanent.
- Residency requirements: Either spouse must currently reside in North Carolina and have lived in the state for at least six months before filing for divorce.
- No-fault divorce: North Carolina only allows for no-fault divorces, meaning there is no need to prove that either spouse is at fault.
- Grounds for divorce: The state refers to divorce as "absolute divorce," and the only two grounds for divorce are the incurable insanity of one spouse or living separate and apart for three consecutive years.
- Property and financial support: If there is property to be divided or financial support to be determined, these must be worked out either through an out-of-court settlement or a series of court hearings.
- Child custody: Custody may also be decided as part of the divorce process.
- Alimony: Alimony, or spousal support, may be awarded to a "dependent spouse," who is financially dependent on the "supporting spouse." The amount and duration of alimony are determined by a judge based on the specific circumstances of the case.
It is important to note that there is no option for common-law divorce in any state in the U.S. Couples who were married through common law must obtain a legal divorce to officially separate.
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Benefits and legal protections of common-law marriage in the Carolinas
Common-law marriage is a type of informal marriage where couples are considered married without obtaining a marriage license or undergoing a marriage ceremony. Instead, they cohabit and present themselves as a married couple in public. While common-law marriage is not recognized in North Carolina and no longer recognized in South Carolina, there are still benefits and legal protections for couples who were married under common law in other states and then moved to the Carolinas.
North Carolina
North Carolina does not recognize common-law marriages formed within the state. However, if a couple was legally married under common law in another state, North Carolina will recognize their marriage as valid. This is due to the Full Faith and Credit Clause of the U.S. Constitution, which requires states to respect the laws of other states.
For example, if a couple was considered married under common law in Texas and then moved to North Carolina, their marriage would still be recognized as legal in North Carolina. In the case of a divorce, the couple would have to follow the same legal divorce process as statutory marriages in North Carolina, which includes a period of physical separation.
South Carolina
Like North Carolina, South Carolina does not allow new common-law marriages to be formed within the state. However, common-law marriages established before July 24, 2019, are still recognized. If a couple with a valid common-law marriage from another state moves to South Carolina, their marriage will also be recognized there.
In terms of benefits, couples in a common-law marriage in South Carolina enjoy the same legal and economic advantages as couples with a marriage license. This includes rights to property division, alimony, child support, and child custody in the case of a divorce. However, it can be challenging to prove the existence of a common-law marriage, especially if one party denies the intention to be married.
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Frequently asked questions
No, neither North Carolina nor South Carolina recognize common-law marriage. However, if a couple was married under common law in another state, North and South Carolina will recognize that marriage as legal.
A common-law marriage is an informal marriage where couples do not have a marriage license, marriage ceremony, or marriage certificate. Instead, they cohabit for a certain number of years, demonstrate mutual consent to the marriage, and share a public declaration of their relationship as a married couple.
Only a handful of states recognize common-law marriage, including Colorado, Alabama, Montana, Iowa, Kansas, New Hampshire, Ohio, Idaho, Georgia, and Oklahoma.
There is no option for common-law divorce in any state in the U.S. Couples in a valid common-law marriage must follow the same divorce process as statutory marriages.
Couples in a common-law marriage enjoy the same legal and economic benefits as a couple with a marriage license.
