Kara Sears
Indiana's stance on common-law marriages is a complex issue. While the state abolished common-law marriage in 1958, it still recognises such marriages to a limited extent, provided certain conditions are met. These conditions include an agreement between both parties to assume a matrimonial relationship, a public declaration of their marriage, and cohabitation for an unspecified period to be recognised as a married couple. Thus, while Indiana does not have statutory provisions for common-law marriages, it does acknowledge them under specific guidelines, and these marriages can only be terminated through legal divorce proceedings.
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What You'll Learn
Indiana's cohabitation laws
Indiana does not recognize most common-law marriages. Under Indiana Code § 31-11-8-5, “ [a] marriage is void if the marriage is a common law marriage that was entered into after January 1, 1958.” Indiana abolished common-law marriage in 1958, and it does not recognize common-law marriages that occurred after this date.
However, Indiana law does recognize common-law marriage to a limited extent. Indiana recognizes common-law marriage under certain guidelines, including mutual agreement, cohabitation, public declaration of marriage, and intent to be recognized as married. These guidelines are outlined in the Indiana statute, I.C. 31-11-8-5. The period of cohabitation does not have a specific timeline.
While Indiana does not recognize common-law marriages, it does recognize cohabitation between unmarried parties. As defined in Bright v. Kuehl, cohabitation exists when parties live together without a subsequent marriage. If the cohabitation ends, divorce law does not apply. Instead, partners seeking recovery after cohabitation may rely on an express contract, such as an Indiana cohabitation agreement, or seek equitable relief. Cohabitation agreements can address issues handled by Indiana divorce courts, like property division and child custody, as well as everyday issues like paying bills and servicing debt.
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Common-law marriage requirements
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 has existed in the United States since colonial times, and it is currently recognized in seven states and the District of Columbia. However, Indiana is not one of these states, as it abolished common-law marriage in 1958. Therefore, Indiana does not recognize common-law marriages that occurred after January 1, 1958, according to Indiana Code § 31-11-8-5.
While the specific requirements for common-law marriage may vary by state, some general criteria must be met. Firstly, both partners must have the legal right or "capacity" to marry, meaning they must be at least 18 years old, of sound mind, and not already married to someone else. Secondly, there is typically no statutory requirement for the length of time a couple needs to live together, although the longer they have lived together, the stronger their case for common-law marriage. Thirdly, both partners must have the intent to be married and hold themselves out as a married couple to friends, family, and the public. Finally, in states that allow common-law marriage, couples may have the same rights as those who went through a formal marriage process.
To prove a common-law marriage, certain documents and evidence may be required. These can include lease agreements, tax returns, insurance policies, and other documents that demonstrate cohabitation and joint financial responsibilities. Additionally, some states, like Texas, allow couples to register their common-law marriage by filing a declaration with the county clerk.
It is important to note that while Indiana does not recognize common-law marriage, it does acknowledge cohabitation between unmarried parties. Unmarried couples in Indiana can create cohabitation agreements to address issues like property division, child custody, bill payment, and servicing debt. They can also utilize estate planning tools such as wills, trusts, and powers of attorney to ensure their wishes are fulfilled in the event of their death.
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Indiana's spousal rights
Indiana does not recognize most common-law marriages. According to Indiana Code § 31-11-8-5, marriages are void if they are common-law marriages entered into after January 1, 1958. Therefore, Indiana does not recognize common-law marriages between parties who live together unless the marriage occurred before 1958.
However, Indiana does recognize cohabitation between unmarried parties. While divorce law does not apply to the end of a cohabitation arrangement, cohabiting parties are not without rights. Partners can rely on express contracts, such as cohabitation agreements, to address issues like property division and child custody, as well as everyday concerns like paying bills and servicing debt. These agreements can also help partners recover expenses after cohabitation ends.
In the absence of a cohabitation agreement, partners may seek equitable relief. While Indiana does not recognize common-law marriages as a statutory law, it does acknowledge them to a limited extent. Common-law marriages that meet specific requirements, such as mutual agreement, cohabitation, public declaration of marriage, and intent to be recognized as married, are considered legally binding by the state.
This recognition is critical as it provides spousal rights and benefits to those in cohabitation. Common-law spouses in Indiana may enjoy property rights, inheritance rights, tax benefits, and insurance coverage. Property rights allow common-law spouses to acquire property rights to the property obtained during the marriage, just like in a formal marriage. Inheritance rights enable a common-law spouse to inherit the personal and real property of their deceased spouse if there is no will. Tax benefits include the ability to file joint tax returns and enjoy the same tax advantages as married couples. Finally, insurance coverage provides common-law spouses with access to healthcare insurance programs like life, health, and dental insurance, and they can be beneficiaries in their spouse's insurance policies.
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Cohabitation agreements
Indiana does not recognize common-law marriages. The state abolished them in 1958, and a marriage is considered void if it is a common-law marriage entered into after January 1, 1958. However, Indiana does recognize cohabitation between unmarried parties.
These agreements can address everyday issues, such as paying bills and servicing debt, as well as issues commonly handled by divorce courts, like property division and child custody. They can also outline contributions toward expenses, clarify responsibilities for debts, and determine who will remain in the shared residence if the relationship ends.
In addition to financial matters, cohabitation agreements can include estate planning, such as decisions around healthcare directives, end-of-life care, and inheritance plans for financial accounts, insurance policies, and property. They can also address issues of family support, such as paternity and child support.
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Divorce proceedings
Indiana does not recognise common-law marriages. The state abolished common-law marriage in 1958, and any common-law marriages entered into after 1 January 1958 are considered void.
However, Indiana does recognise cohabitation between unmarried parties. While divorce law does not apply to the termination of cohabitation, former cohabitants may rely on an express contract, such as a cohabitation agreement, or seek equitable relief.
Cohabitation agreements can address issues commonly handled by Indiana divorce courts, such as property division and child custody. They can also address everyday issues, like paying bills and servicing debt.
The divorce process in Indiana begins with one spouse filing a petition for the dissolution of marriage in the county circuit court. This document, known as the 'Petition for Dissolution of Marriage', includes information such as the names of both parties, details about any children of the marriage, the grounds for divorce, and any preliminary motions regarding custody, support, or property division. Once filed, the petition must be formally served to the other spouse, providing them with the opportunity to respond.
At the time of filing the petition, at least one party must have been a resident of Indiana or stationed at a U.S. military installation within Indiana for six months immediately preceding the filing. After the petition is filed, Indiana law implements a 60-day waiting period during which the divorce may not be granted. Following this waiting period, the parties may proceed to a final hearing to resolve their dissolution. The presence of both parties at this hearing is mandatory. The court will then hear evidence on the issues from both parties, issue a ruling, and grant the divorce.
Indiana divorce law operates under the "equitable distribution" principle, meaning that marital property should be divided in a manner that is fair and equitable, but not necessarily equal. Once a petition for dissolution is filed, both spouses retain equal rights to the marital home, and one spouse cannot change the locks without permission from the court. If there are safety concerns, a spouse may seek a court order for exclusive possession of the home.
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Frequently asked questions
Indiana does not recognize most common-law marriages. Common-law marriage was abolished in Indiana in 1958.
Common-law marriage is a legal institution where two individuals are considered married without any formal documentation.
Indiana law specifies that there must be an agreement between the two parties to assume a matrimonial relationship, a public declaration of their marriage, and cohabitation for a sufficient period to be recognized as husband and wife.
Indiana does not recognize common-law marriages; however, Indiana does recognize cohabitation between unmarried parties. Partners seeking recovery after cohabitation may rely on an express contract (such as an Indiana cohabitation agreement) or seek equitable relief.
