Kara Sears
Common-law marriage, which treats a couple as married if they have lived together for a certain amount of time, is not recognized in Massachusetts. However, the state does recognize common-law marriages that occurred in other states, and these are treated like any other legally binding marriage in Massachusetts. This means that common-law couples from other states are subject to Massachusetts laws on divorce and inheritance.
| Characteristics | Values |
|---|---|
| Common law marriage recognized in Massachusetts | No |
| Common law marriage in other states recognized in Massachusetts | Yes |
| Common law marriage requirements in Massachusetts | N/A |
| Common law marriage requirements in other states | Varies by state |
| Common law marriage dissolution in Massachusetts | Requires legal action |
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What You'll Learn
- Common law marriage in Massachusetts is not legal
- Common law marriages from other states are recognised in Massachusetts
- Common law marriage does not require a marriage license or ceremony
- Massachusetts treats common law marriages from other states in divorce cases
- Common law marriage is recognised in 15 states and Washington D.C
Common law marriage in Massachusetts is not legal
Common law marriage is when a couple is considered wed in the eyes of the government without having participated in a lawful ceremony. In some states, marriage through common law is also available. Under common law marriage, two people are considered married in the eyes of the law after certain conditions are met. These conditions generally include the intention to enter into a husband-wife relationship and their conduct leading to a belief in the community that they were married.
Massachusetts family law does not recognize marriage under common law. A couple residing in Massachusetts will not be considered spouses without a marriage certificate. However, if the couple lived in one of the states that do recognize common law marriage prior to moving to Massachusetts, this changes matters. Parties that qualify for common-law marriage status in another state prior to moving to Massachusetts will be deemed spouses in Massachusetts under the Full Faith and Credit Clause of the U.S. Constitution.
While Massachusetts does not allow the creation of a "common law" marriage, it does recognize as valid common law marriages created in other states if the legal requirements of those states have been met. As a result, legal action is needed to dissolve legal "common law" marriages performed in other states and foreign countries in compliance with their licensing and ceremonial regulations.
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Common law marriages from other states are recognised in Massachusetts
In Massachusetts, common-law marriage is not recognised as a valid form of marriage. However, common-law marriages from other states are recognised in Massachusetts, and couples with such marriages are entitled to the same rights and benefits as any other married couple in the state. This recognition extends to divorce and inheritance cases, where proving the existence of a common-law marriage in another state can impact Massachusetts law.
The Full Faith and Credit Clause of the United States Constitution mandates that Massachusetts acknowledges common-law marriages from the eight states that permit them. These marriages are treated as legally binding, despite lacking the formalities typically associated with legal marriages, such as licenses or ceremonies.
To be recognised as a common-law marriage in Massachusetts, couples must demonstrate that they meet the legal requirements of the state where their common-law marriage was established. This may include providing evidence of cohabitation, joint tax filings, and publicly presenting themselves as a married couple.
It is important to note that while Massachusetts does not allow its residents to enter into common-law marriages within the state, it does honour those formed in other jurisdictions. Couples in Massachusetts who wish to have their relationship legally recognised must either get married through the state's formal process or apply for a domestic partnership, which can provide certain legal benefits similar to marriage.
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Common law marriage does not require a marriage license or ceremony
In Massachusetts, common law marriage is not recognised. However, the state does honour common law marriages originating in other states. Common law marriage, also known as non-ceremonial marriage, informal marriage, or marriage by habit and repute, is a marriage that occurs without any state formalities such as a license or a formal ceremony.
Common law marriage is a legally recognised marriage between two people who have not purchased a marriage license or engaged in a ceremony overseen by an officiant. In the United States, common-law marriage has existed since the colonial days, when America was still a colony of England. The original concept of a "common-law" marriage is one that is considered valid by both partners but is not formally recorded with a state or religious registry or celebrated in a formal civil or religious service. The act of the couple representing themselves to others as being married and organising their relationship as if they were married, means they are married.
In many states, a legal marriage requires a minister or another authorised person to declare the marriage. Even non-religious marriages generally require couples to go to a courthouse and fill out official state-required paperwork to declare their marriage. Common law marriage lacks these formalities. While each of the eight states that recognise common law marriage has its own unique rules, two people can generally become married under common law if certain requirements are met.
These requirements include that the couple lives together in a state that recognises common-law marriage, and they live together for a consistent period, such as seven or ten years. They introduce themselves to friends, neighbours, and coworkers as a married couple, calling each other "my husband" or "my wife" and perhaps using the same last name. They maintain joint finances such as leases/mortgages, bank accounts, and credit cards. Neither partner is married to anyone else.
Common law spouses who meet their state's requirements are eligible for most of the financial benefits of a married couple, including Social Security.
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Massachusetts treats common law marriages from other states in divorce cases
Common-law marriage is not recognized in Massachusetts. However, the state acknowledges common-law marriages from other states in specific legal contexts, such as divorce and inheritance cases. This recognition is based on the Full Faith and Credit Clause, which requires Massachusetts to honor the marriage laws of other states.
In the case of a divorce, the length of the marriage is often a critical factor in Massachusetts. Under the Alimony Reform Act, the duration of alimony is determined by the length of the marriage. If a couple has a common-law marriage in a state where it is recognized and then moves to Massachusetts, their marriage must be recognized by the Commonwealth, even if it violates a Massachusetts law.
Massachusetts courts consider the length of the marriage and premarital relationship when determining alimony and asset division. Therefore, unmarried partners who cohabitate for a long time before a brief marriage may gain some legal rights associated with a long-term marriage.
It is important to note that proving to a Massachusetts judge that a common-law marriage existed in another state can be challenging. Judges in Massachusetts are unfamiliar with the legal standards and issues of proof involved in common-law marriage cases from other states.
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Common law marriage is recognised in 15 states and Washington D.C
Common-law marriage is not recognized in Massachusetts. However, the state does honor common-law marriages originating in other states, treating them like any other legally binding marriage. This means that if a couple has a common-law marriage in one of the 15 states and Washington D.C., where it is recognized, and then moves to Massachusetts, their marriage will be acknowledged.
A common-law marriage is one in which a couple is considered married without a marriage license or ceremony. In other words, it does away with the formalities of getting married and allows people to be considered married in the eyes of the law after certain requirements are met. These requirements vary by state, but generally include holding yourselves out to be a married couple, such as by using the same last name, filing joint tax returns, and calling each other husband and wife in public.
While Massachusetts does not allow its citizens to enter into a common-law marriage within the state, it does recognize common-law marriages from other states in divorce and inheritance cases. This is because the Full Faith and Credit Clause of the United States Constitution requires Massachusetts to acknowledge common-law marriages that have happened in the eight states that allow them.
It is important to note that proving to a Massachusetts judge that a common-law marriage existed in another state can be challenging. Additionally, common-law couples often bear the burden of having to prove their status as a lawfully married couple in situations such as inheritance and making medical decisions for an incapacitated spouse. Therefore, it is in the best interest of common-law couples to obtain a divorce decree that specifies the date when they are lawfully divorced.
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Frequently asked questions
No, Massachusetts does not recognize common law marriage unless it involves a couple who were considered married by it in another state.
A common-law marriage is one in which the parties may hold themselves out as a husband and wife, and under certain circumstances, be deemed married without a marriage license or ceremony.
The criteria for a common-law marriage are: (1) the parties seriously intended to enter into the husband-wife relationship; (2) the parties’ conduct is of such a character as to lead to a belief in the community that they were married.
Common-law couples often bear the burden of having to prove their status as a lawfully married couple in situations involving inheritance from a deceased spouse’s estate and making medical decisions for an incapacitated spouse.
You can take steps such as joint ownership of assets, creating a living trust, and a pour-over will to protect yourself and your spouse in a common-law marriage in Massachusetts.
