Anaya Nolan
Tennessee is not a common-law marriage state, meaning that cohabiting for years while claiming to be married does not constitute a valid marriage contract. 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, their marriage would still be valid and they would be entitled to the same rights as formally married couples. In 2022, a controversial Tennessee bill proposing to establish common-law marriage in the state was met with criticism from lawmakers and women's advocates, who argued that it opened the door for child marriages and abuse.
| Characteristics | Values |
|---|---|
| Common law marriage recognition | Tennessee has never been a common-law marriage state. However, it recognizes common-law marriages that were validly formed in other states. |
| Divorce procedures for common law marriages | Tennessee courts will first determine the validity of the marriage before proceeding with the divorce. |
| Evidence required for divorce | Additional evidence and testimony are required to prove the existence of a valid common-law marriage. |
| Burden of proof | The spouse who filed the complaint for divorce has the burden of proving the existence of a valid common-law marriage. |
| Rights of couples | If a common-law marriage is recognized as valid in Tennessee, the couple is entitled to the same rights and responsibilities as formally married couples, including property rights and inheritance. |
| Recent legislative changes | A controversial Tennessee bill proposes recognizing common-law marriages without requiring a marriage license. However, this bill has faced opposition due to concerns about child marriages and marriage equality. |
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What You'll Learn
Common law marriage in Tennessee
Tennessee is not a common-law marriage state, meaning that cohabiting for years in Tennessee while claiming to be married does not create a valid marriage contract. However, Tennessee does recognize common-law marriages that were validly formed in other states. In such cases, these couples are entitled to the same rights and responsibilities as formally married couples in Tennessee, including property rights, inheritance, and more.
To establish a common-law marriage in Tennessee, a couple must meet the requirements of a state that recognizes common-law marriage and then move to Tennessee. For example, if a couple is considered to be common-law married in Utah and moves to Tennessee, their marriage would still be valid. However, if the couple moves from Utah to Tennessee before meeting the requirements for a common-law marriage in Utah, they could not be considered common-law married in Tennessee.
It is important to note that the process of divorce for couples in a common-law marriage can be more complex. In the case of a divorce, the validity of the common-law marriage must first be determined by the court. Since there is no official certificate from a governmental authority, additional evidence and testimony will be needed to prove the existence of a valid common-law marriage. If the burden of proof is not met, the case should be dismissed as there are no bonds of matrimony for the court to dissolve.
In Tennessee, a marriage typically requires a license from the county clerk, a ceremony, and a signed license that is returned to the county clerk and recorded with vital records. However, a controversial bill has been proposed in Tennessee that would eliminate the requirement for a marriage license and remove the explicit age requirement for marriage. This bill has been criticized by some lawmakers and women's advocates as potentially enabling child marriages and abuse.
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Tennessee divorce procedures for common law marriages
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, their marriage will be recognised 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 become common-law married in Tennessee. This is important because it means that simply moving to a state that doesn’t have common-law marriage isn’t the same as getting a divorce. If you were common-law married in another state, then moved to Tennessee, a state that doesn’t recognise common-law marriage, you would still have to go through a divorce process in Tennessee.
There isn’t a special divorce procedure for those wishing to end a common-law marriage in Tennessee. However, 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.
Tennessee allows both "no-fault" and "fault-based" divorces. With a fault-based divorce, the plaintiff must show that the other spouse's wrongdoing (such as adultery, cruelty, or abandonment) brought about the collapse of the marriage. In a no-fault divorce, there's no need to blame the other spouse for doing something to cause the divorce. You may get a no-fault divorce in Tennessee if you can prove either of the following: "irreconcilable differences", meaning you and your spouse cannot get along and there's no reasonable chance of that changing, or you and your spouse have lived in separate residences and haven't cohabited (had marital relations) for at least two continuous years, and you have no minor children (younger than 18).
In a divorce action in Tennessee, marital property is divided; separate property is not. All decisions about the legal and physical custody of children in any Tennessee divorce must be based on what would be in the children's best interests. Judges will consider several factors when they make custody decisions, including the custody preferences of children who are 12 years old or older. Like all states in the U.S., Tennessee has guidelines that include detailed rules for deciding who must pay child support and how much those payments should be. Before judges will order a spouse to pay alimony in Tennessee, they must consider a long list of factors, such as the length of the marriage, the standard of living during the marriage, and the spouses' physical and mental health.
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Tennessee's recognition of out-of-state common law marriages
Tennessee does not recognize common-law marriages formed within its borders. The state has never been a common-law marriage state. However, it does recognize common-law marriages that were legally formed in other states. If a couple establishes a common-law marriage in a state that recognizes such unions and then moves to Tennessee, their marriage will generally be recognized as valid in Tennessee. These couples are entitled to the same rights and responsibilities as couples who are formally married, including property rights and inheritance.
For example, if a couple is common-law married in Utah and moves to Tennessee, their marriage would be recognized in Tennessee. However, if the couple moves from Utah to Tennessee before becoming common-law married, they cannot establish a common-law marriage in Tennessee. This is because Tennessee does not allow the creation or establishment of common-law marriages within its borders.
The requirements for establishing a common-law marriage vary by state, but they often include living together for a certain period, presenting themselves as a married couple to the community, and demonstrating the intention to be married. Common-law marriages are formed based on the actions and intentions of the couple involved, without the need for a formal marriage license or ceremony.
It is important to consult with legal professionals and experts in family law to understand the specific implications of common-law marriage in Tennessee and to navigate the complex divorce procedures in the state.
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Tennessee's proposed common-law marriage bill
Tennessee has never recognized common-law marriages. However, it does not disregard common-law marriages that were validly formed in other states. If a couple establishes a common-law marriage in a state that recognizes such unions and then moves to Tennessee, the state generally recognizes their marriage as valid.
In March 2022, Republican Rep. Tom Leatherwood introduced House Bill 233 to a Tennessee House subcommittee. The bill would allow a man and a woman to file marriage "contracts" based on common-law principles. However, same-sex couples would not be eligible for these contracts. The bill sparked backlash because it initially did not include an age requirement for those seeking a marriage contract. It was amended on April 6, 2022, to specify that applicants must have "attained the age of majority," which is 18 years old in Tennessee.
Another proposed bill, the "Tennessee Covenant Marriage Act," would create a new type of marriage agreement in the state. A "covenant marriage" is defined in the bill as a lifelong relationship between one man and one woman who have reached the age of majority. To enter into a covenant marriage, both parties must receive counseling emphasizing the nature, purposes, and responsibilities of marriage. The marriage can only be legally dissolved if one person has committed a "complete and total breach of the marital covenant commitment."
It's important to note that the existence of common-law marriages and the proposed bills in Tennessee do not necessarily bypass the state's marriage license laws or age requirements. Couples considering marriage in Tennessee should consult legal professionals for guidance on their unique circumstances.
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Invasion of privacy in common law
Common law marriage is not recognized in Tennessee. However, the state does recognize common-law marriages that were validly formed in other states.
Invasion of privacy is a common law tort in Tennessee. The state's courts have recognized claims of invasion of privacy in the following categories: false light, intrusion on seclusion, misappropriation, and public disclosure of private facts.
In Street v. Nat’l Broad. Co., 512 F. Supp. 398 (E.D. Tenn. 1977), the plaintiff appealed a lower court's decision on their claim for invasion of privacy. The Tennessee Supreme Court recognized a right of action for invasion of privacy, but found that the plaintiff had not alleged sufficient facts to support their claim.
In Dunn v. Moto Photo, Inc., 828 S.W.2d 747 (Tenn. Ct. App. 1991), the court found that the plaintiff had not offered sufficient evidence to show negligence on the part of the defendant, but that the Tennessee Supreme Court's subsequent recognition of invasion of privacy claims necessitated a reversal and remand.
In West v. Media Gen. Convergence, Inc., 53 S.W.3d, the court found that the defendants had invaded the plaintiff's privacy by disclosing their date of birth to the police, which was outside the context for which the plaintiff had provided their driver's license.
In Harris v. Horton, 341 S.W.3d 264 (Tenn. Ct. App. 2010), the court dismissed the plaintiff's false light claim, holding that such claims were limited to public figures, but recognized that Tennessee does allow for such claims.
In White v. Target Corp., W.2010-02372-COA-R3-CV, 2012 WL 6599814 (Tenn. Ct. App. Dec. 18, 2012), the court affirmed the lower court's determination dismissing summary judgment, explaining that the plaintiff's affidavit negated the common element of defamation and false light invasion of privacy - the requirement of actual malice.
In Martin v. Senators, Inc., 418 S.W.2d 660 (Tenn. 1967), the court affirmed the dismissal of the plaintiff's invasion of privacy claim, finding it "unrealistic and illogical" to hold that there had been an invasion of privacy when the plaintiff had already made the matter a public record.
Tennessee law defines invasion of privacy as:
> " [i]t is an offense for a person to knowingly spy upon, observe or otherwise view an individual, when the individual is in a place where there is a reasonable expectation of privacy, without the prior effective consent of the individual, if the viewing: (1) Would offend or embarrass an ordinary person if the person knew the person was being viewed."
Other examples of invasion of privacy include eavesdropping, recording or intercepting phone calls, photographing or filming someone without their consent, and publicly disclosing private health information. To succeed on an invasion of privacy claim, an individual must prove that the invasion caused them harm.
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Frequently asked questions
No, Tennessee does not recognize common-law marriages formed within the state.
Yes, Tennessee will recognize common-law marriages that were formed in another state where they are legal.
Common-law marriages are relationships where two people present themselves as married for a certain period without legally being married.
Common-law marriages are generally treated like registered marriages, with similar rights and responsibilities, including property rights and inheritance.
As of 2024, the following states recognize common-law marriages: Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, Utah, and Washington D.C.
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