Gavin Howe
Tennessee does not recognize common-law marriages. However, if a couple establishes a common-law marriage in a state where it is legal and then moves to Tennessee, their marriage will be recognized as valid in Tennessee. In such cases, these couples are entitled to the same rights and responsibilities as formally married couples, including property rights, inheritance, and more. If a couple with a valid common-law marriage from another state wishes to divorce in Tennessee, they must go through the same divorce process as any other married couple. However, because there is no official marriage certificate, the spouse filing for divorce must provide additional evidence and testimony to prove the validity of the common-law marriage.
| Characteristics | Values |
|---|---|
| Does Tennessee recognize common-law marriage? | No, Tennessee does not recognize common-law marriage. |
| Is there a special divorce for common-law marriage in Tennessee? | No, there is no special divorce for common-law marriage in Tennessee. |
| What is required for a valid marriage in Tennessee? | A valid marriage license issued by a county clerk and a ceremony. |
| What is the process to get a divorce in Tennessee? | File a complaint for divorce, pay the filing fee, and meet the residency requirement. |
| What happens during a divorce in Tennessee? | Marital property is divided, alimony is awarded, child custody is determined, and child support is calculated. |
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What You'll Learn
- Tennessee does not recognise common-law marriage
- Common-law marriages from other states are recognised in Tennessee
- Divorce procedures in Tennessee
- The burden of proof to prove the existence of a common-law marriage
- Additional evidence and testimony will be needed to prove the common-law marriage is valid
Tennessee does not recognise common-law marriage
While common-law marriage is not recognised in Tennessee, the state does abide by "comity", which means that a couple who has established a common-law marriage in another state may have their union recognised in Tennessee. This is because comity refers to the practice of one state honouring the judicial decisions of another state. For example, if a couple is common-law married in Utah and moves to Tennessee, their marriage would still be valid. However, if the couple moves from Utah before being common-law married, they couldn't become common-law married in Tennessee.
In Tennessee, for a marriage to be legal, state law requires a valid marriage license issued by a county clerk for a marriage and signed by a religious leader or other authorised person to be filed with the state. Tennessee courts have consistently recognised that obtaining a marriage license is a requirement for a valid marriage.
If a spouse with a common-law marriage seeks a divorce in Tennessee, the validity of that marriage must be determined first. Because there is no official certificate from a government authority to file with the divorce complaint, additional evidence and testimony will be needed to prove the common-law marriage is valid. The burden of proof to prove the existence of the common-law marriage falls on the spouse who has filed the complaint for divorce.
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Common-law marriages from other states are recognised in Tennessee
Tennessee does not recognize common-law marriages. The state has never approved of the practice, and a couple cannot become common-law married in Tennessee. However, Tennessee does recognize common-law marriages that were validly formed in other states. If a couple establishes a common-law marriage in a state that recognizes it and then moves to Tennessee, the state generally recognizes their marriage as valid. In such cases, these couples are entitled to the same rights and responsibilities as formally married couples, including property rights, inheritance, and more.
For example, if a couple is common-law married in Utah and moves to Tennessee, their marriage would still be valid. However, if the couple moves from Utah before being common-law married, they couldn't establish a common-law marriage in Tennessee. This is important because it means that simply moving to a state that doesn't recognize common-law marriage is not the same as getting a divorce. If a couple with a valid common-law marriage from another state wishes to dissolve their marriage in Tennessee, they would still have to go through the divorce process.
There isn't a special divorce for those wishing to end a common-law marriage in Tennessee. Because there isn't an official certificate from a government authority, the couple must provide additional testimony and evidence as proof of the validity of the common-law marriage. The burden of proof to prove the existence of the common-law marriage falls on the spouse who has filed the complaint for divorce. If the burden of proof is not met, the case will be dismissed because there are no bonds of matrimony for the court to dissolve. If the common-law marriage is valid, the requirements for divorce, such as residency requirements and the required waiting period, will apply.
Tennessee divorce procedures can be complicated and confusing, and adding the aspect of a common-law marriage can make the process even more complex. Consulting legal professionals and experts in family law can provide the necessary guidance to navigate these complex matters and ensure that individuals are well-prepared for their unique circumstances.
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Divorce procedures in Tennessee
Tennessee does not recognise common-law marriages. However, if a couple has a valid common-law marriage in another state and then moves to Tennessee, the state generally recognises their marriage as valid. In such cases, these couples are entitled to the same rights and responsibilities as formally married couples, including property rights, inheritance, and more.
If a couple with a common-law marriage wishes to divorce in Tennessee, the validity of that marriage must first be determined. Because there is no official certificate from a government authority to file with the divorce complaint, additional evidence and testimony will be needed to prove the common-law marriage is valid. The burden of proof falls on the spouse who has filed the complaint for divorce. If this burden is not met with evidence, then the case should be dismissed.
Tennessee has two types of divorce: uncontested, which is usually irreconcilable differences, and contested, which requires proof of grounds for divorce. With a contested divorce, the parties cannot agree and must go to trial. There are 13 grounds for a contested divorce in Tennessee, including abandonment or refusal or neglecting to provide for a spouse.
To file for divorce in Tennessee, you must meet the residency requirements. This means that either you or your spouse have lived in Tennessee for at least six months before the complaint for divorce is filed. There is no waiting period in Tennessee, and you can file for divorce at any time. However, if there are minor children involved, a divorce cannot be granted for at least 90 days after the complaint is filed. This is referred to as a "cooling-off" period. If there are no minor children, a divorce can be granted 60 days after the complaint is filed.
Once residency requirements are met, you must have "grounds" (a legally acceptable reason) to end your marriage. Next, you must file the appropriate divorce papers and have copies sent to your spouse. If your spouse disagrees with anything in the divorce papers, they will have the opportunity to file papers telling their side. If there are property, assets, pension, debts, or anything else that needs to be divided, or if you need financial support from your spouse, then these issues may have to be dealt with during the divorce.
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The burden of proof to prove the existence of a common-law marriage
Tennessee is not a common-law marriage state. It has never approved of the practice, and living together with a partner as husband and wife is not enough to be considered legally married in the state. However, Tennessee will generally recognize common law marriages that were validly formed in other states.
When it comes to divorce, there isn't a special process for ending a common-law marriage in Tennessee. However, because there isn't an official certificate from a government authority, the spouse who files for divorce must provide additional testimony and evidence to prove the validity of the common-law marriage. The burden of proof falls on the spouse who has filed the complaint for divorce. If this burden is not met with sufficient evidence, the case will be dismissed as there are no bonds of marriage for the court to dissolve.
If the common-law marriage is proven to be valid, the divorce process will continue as with any other divorce. This includes the division of property, alimony, child support, custody, and visitation. To prove the existence of a common-law marriage, the spouse filing for divorce may offer evidence such as:
- Providing money to each other without a promissory note or security interest in collateral
- Other relevant evidence of being married
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Additional evidence and testimony will be needed to prove the common-law marriage is valid
Tennessee does not recognize common-law marriages contracted within the state. However, it does recognize common-law marriages that were validly formed in other jurisdictions. Therefore, if a couple with a common-law marriage moves to Tennessee, the state generally recognizes their marriage as valid. In such cases, these couples are entitled to the same rights and responsibilities as formally married couples, including property rights, inheritance, and more.
When a spouse with a common-law marriage seeks a divorce in Tennessee, the validity of that marriage must be determined first. Because there is no official certificate from a governmental authority to file with the divorce complaint, additional evidence and testimony are required to prove the common-law marriage is valid. The burden of proof falls on the spouse who filed the divorce complaint. If this burden is not met with evidence, the case will be dismissed as there are no bonds of marriage for the court to dissolve.
The spouse filing for divorce may offer evidence of a valid common-law marriage, such as providing money to each other without a promissory note or security interest in collateral. They can also present evidence and witnesses to show that the couple held themselves out as married and regarded themselves as spouses. Witness testimony can be given by friends and family who were familiar with the couple, who would need to testify that the couple regarded themselves as married and held themselves out to the public in that manner.
Other records can also be used as evidence, including proof of joint residency, documents showing that the couple referred to each other as spouses, and other relevant evidence of being married. Once the burden of proof of a valid common-law marriage has been met, the State of Tennessee will recognize the marriage, and the divorce proceedings can continue as with any other divorce.
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Frequently asked questions
No, Tennessee does not recognise common law marriage. However, if a couple establishes a common law marriage in a state where it is recognised and then moves to Tennessee, their marriage will be recognised.
Common law marriage is a legal relationship that forms between two individuals who live together, present themselves as a married couple, and meet specific criteria without obtaining a formal marriage license or ceremony.
The requirements for a common law marriage vary by state but often include living together for a certain period, presenting as a married couple to the community, and demonstrating the intention to be married.
There is no special divorce for common law marriages in Tennessee. If a couple has a valid common law marriage that was established in another state and recognised in Tennessee, they can file for divorce in Tennessee. The spouse filing for divorce must provide additional testimony and evidence to prove the validity of the common law marriage.
The cost of filing a civil case in Tennessee, including a complaint for divorce, is typically a few hundred dollars. The cost can vary depending on factors such as whether the couple has children.
