Kara Sears
Iowa is one of only a few states that still recognize common-law marriages. Common-law marriage is defined as a marriage that does not depend for its validity upon any religious or civil ceremony but is created by the consent of the parties as any other contract. Couples who are common-law married have the same legal rights as couples who are married in a religious ceremony or before a judge. However, it can be difficult to prove a common-law marriage exists, and there are specific requirements that must be met for a common-law marriage to be recognized by the legal system.
| Characteristics | Values |
|---|---|
| Common law marriage recognized? | Yes |
| Requirements | Both parties agree that they are married, live together without interruption, and hold themselves out as married to the public |
| Divorce | Common law marriage continues until divorce by the Court |
| Proof | Marriage certificate issued by the State |
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What You'll Learn
- Iowa is one of only nine US states that still recognise common-law marriages
- Common-law marriages are created by the consent of both parties
- Common-law marriages continue until divorce or death
- Couples must live together without interruption and have a sexual and romantic relationship
- It can be hard to prove a common-law marriage exists
Iowa is one of only nine US states that still recognise common-law marriages
A common-law marriage is defined as "a marriage that does not depend for its validity upon any religious or civil ceremony but is created by the consent of the parties as any other contract." In other words, a couple can be considered married without a wedding ceremony or marriage license, as long as both parties agree and understand that their relationship is marital. This means behaving in a way that would be expected of any married couple, such as by designating each other as beneficiaries on insurance policies, giving each other wedding bands, and living together without interruption.
Despite the lack of legal requirements, proving a common-law marriage exists can be difficult. Intent can be tricky to establish, and it is up to the legal system, not the couple, to decide if a common-law marriage exists. For example, in a recent Iowa case, the Iowa Court of Appeals considered a 20-year relationship that was never formalised with a ceremonial marriage. When the relationship ended, the wife filed for divorce and asked for alimony, but the husband characterised the relationship as non-marital. The court determined that, despite the husband's denial, his behaviour reflected an intent to be married.
Common-law marriage can benefit single persons who claim to be married for certain benefits and to be single for other benefits, thus gaining the advantages of both types of marital status. However, it is important to note that couples cannot "stumble into" a common-law marriage. They must intentionally and explicitly agree that they are married and hold themselves out as married to the public.
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Common-law marriages are created by the consent of both parties
Iowa is one of only nine states that still recognize common-law marriages. Common-law marriages are not "somewhere between being single and being married". They are a formal recognition of marriage, created by the consent of both parties. This means that both parties must fully agree and understand that their relationship is marital in nature. This is the primary differentiator between a common-law marriage and a regular marriage, which is validated by a marriage certificate issued by the state.
In Iowa, common-law marriages are not automatically established by long-term cohabitation, having children together, or even sharing the same last name. Couples must go to court and ask a judge to determine that their marriage is valid. The onus is on the couple to prove that their relationship is, in fact, marital. This can be difficult, as there is no specific time requirement for cohabitation, and intent can be tricky to establish.
For example, in a recent case, the Iowa Court of Appeals considered a 20-year relationship that was never formalized with a ceremony. When the relationship ended, the wife filed for divorce and asked for alimony. The husband, however, characterized the relationship as non-marital and argued that his spouse had no grounds to file for divorce. The spouses did not always live together due to the husband's imprisonment and extensive travel for work. Despite the husband's denial of intent to be married, the court ruled that his behaviour reflected the opposite, as he did not correct the wife's assumption.
Another example is a case in which a couple was married in 1988 but divorced in 1990 so that the wife could qualify for various forms of public assistance to attend college. They lived together for the next ten years, during which they treated themselves as married or single depending on what was most beneficial for them. The court held that there was no marriage, as the couple did not meet the requirement of holding themselves out to the public as being married.
In summary, common-law marriages in Iowa are created by the consent of both parties, who must agree and understand that their relationship is marital. This consent must be demonstrated to the court, which can be challenging, and the marriage continues until there is a divorce or death.
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Common-law marriages continue until divorce or death
Iowa is one of only a few states that still recognize common-law marriages. Common-law marriages are formed by the consent of both parties and continue until divorce or death.
To be considered a common-law marriage in Iowa, couples must meet three requirements: they must agree that they are married, they must live together without interruption, and they must hold themselves out to the public as being married. This means that both parties must fully understand and consent to their relationship being marital in nature, including having a romantic and sexual relationship and cohabiting most of the time without separation. Additionally, they must publicly behave as a married couple, for example by designating each other as beneficiaries on insurance policies, exchanging and wearing wedding bands, and using the same last name.
It is important to note that merely living together, using the same last name, or having children together does not establish a common-law marriage. The existence of a common-law marriage must be determined by the legal system, and it can be challenging to prove. Once a common-law marriage is established, it continues until divorce or death, just like a "regular" marriage.
However, it is worth mentioning that there is a heavy burden of proof on petitioners to demonstrate the existence of a common-law marriage in Iowa, as seen in recent cases. Couples who claim to be common-law spouses may need to provide evidence of their agreement to be married and their public representation as a married couple.
In summary, common-law marriages in Iowa are recognized as valid and continue until divorce or death, just like any other marriage. However, meeting the legal requirements and proving the existence of a common-law marriage can be complex.
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Couples must live together without interruption and have a sexual and romantic relationship
Iowa is one of only nine states that still recognizes common-law marriages, including Alabama, Colorado, Kansas, Rhode Island, South Carolina, Montana, Oklahoma, and Texas. Common-law marriage is defined as "a marriage that does not depend on any religious or civil ceremony but is created by the consent of the parties, like any other contract."
For a common-law marriage to be valid, three requirements must be met. Firstly, both parties must agree that they are married. Secondly, the couple must hold themselves out to the public as being married. Thirdly, the couple must live together without interruption and have a sexual and romantic relationship. While there is no specific time requirement for how long couples must live together, they should live together most of the time rather than just periodically.
Designating each other as beneficiaries on insurance policies, giving each other wedding bands and wearing them in public, and signing a document titled "Affidavit, Common Law Marriages" are all examples of behaviours that demonstrate a common-law marriage.
It is important to note that merely living together or having children together is not sufficient to establish a common-law marriage. If a couple wishes to prove their common-law marriage in court, they must demonstrate that they meet the legal requirements. Even if a couple considers themselves to have a common-law marriage, it is ultimately the legal system that decides if one exists. Once a common-law marriage is established, it continues until there is a divorce by the Court.
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It can be hard to prove a common-law marriage exists
Common-law marriage, also known as marriage without formalities or an informal marriage, is a valid and legal way for a couple to marry in certain states. Common law marriage has fallen out of favour in the United States, and most states no longer allow it. Only a few states, including Colorado, Texas, and the District of Columbia, still recognize common-law marriage for all purposes.
Iowa does not appear to be one of the states that currently recognizes common-law marriage. However, it is important to note that the laws and requirements for common-law marriage may vary depending on the state and can change over time. Therefore, it is always advisable to seek legal advice or refer to legal resources specific to Iowa for the most accurate and up-to-date information.
Proving a common-law marriage can be challenging, and the specific evidence required may depend on the state's laws. Here are some factors that can make it difficult to establish a common-law marriage:
- Cohabitation is not sufficient on its own: While cohabitation used to be a significant factor in determining a common-law marriage, it is now more common for unmarried couples to live together without intending to marry. As a result, cohabitation alone is typically insufficient to prove a common-law marriage.
- Meeting all the requirements: To establish a common-law marriage, both parties must meet specific requirements. For example, in Iowa, both individuals must mutually agree to be married, cohabitate, and publicly present themselves as a married couple. If one person does not consider themselves married, a common-law marriage does not exist.
- Lack of documentation: Common-law marriages often lack the formal documentation, such as a marriage certificate, that is typically associated with traditional marriages. This can make it challenging to provide concrete evidence of the marriage.
- Varying state recognition: The recognition of common-law marriage varies by state, and some states have abolished it altogether. If a couple moves to a state that does not recognize common-law marriage, they may find it challenging to prove their marriage status, especially if they did not register their common-law marriage in a state that recognizes it.
- Same-sex couples may face additional challenges: Same-sex couples may have a harder time gathering the necessary evidence due to historical discrimination and legal restrictions. For example, they may not have been able to file joint tax returns or list their partner as their spouse on official documents before the legalization of same-sex marriage.
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Frequently asked questions
Yes, Iowa is one of the few states that still recognize common-law marriages.
Both parties must agree that they are married and fully understand that their relationship is marital. They must also hold themselves out to the public as a married couple and live together without interruption, in a romantic and sexual relationship.
It can be difficult to prove a common-law marriage, as intent can be tricky to establish. However, some evidence that can help prove a common-law marriage includes using your spouse's last name, designating each other as beneficiaries on insurance policies, and giving and wearing wedding bands in public.
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