Kara Sears
While Massachusetts does not allow its citizens to enter into common-law marriages, it does recognize common-law marriages originating in other states. This means that couples who relocate to Massachusetts with a pre-existing common-law marriage will be recognized by the state, and their union will be treated as a legally binding marriage. However, proving a common-law marriage can be challenging, especially if evidence and witnesses are located in another state. Couples interested in a common-law marriage in Massachusetts have two options: getting married or applying for a domestic partnership, which offers certain legal benefits associated with marriage.
| Characteristics | Values |
|---|---|
| Common law marriage in Massachusetts | Not recognized unless it involves a couple who were considered married by another state |
| Common law marriage | Occurs without any state formalities, such as licenses or formal ceremonies |
| Couples interested in common law marriage in Massachusetts | Two options: getting married or applying for domestic partnership |
| Domestic partnership | Available for those who need to share healthcare coverage, want hospital visitation rights, or need other legal benefits associated with marriage |
| To be considered domestic partners | Must reside together with mutual support, caring, and commitment, be 18 or over, and consider each other family |
| Common law marriage proof | Can be complex, with challenges like evidence and witnesses being located in another state |
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What You'll Learn
Massachusetts does not allow common-law marriages
In Massachusetts, a couple cannot enter into a common-law marriage. Common-law marriage is a concept where couples are treated as married if they have been cohabiting and living as a married couple would, for a certain amount of time. For example, some states consider couples to have a common-law marriage if they have lived together for seven years. However, Massachusetts does not recognize common-law marriage unless it involves a couple who were considered married by another state.
The key difference between a legal marriage and a common-law marriage is that common-law marriages occur without state formalities, such as licenses or formal ceremonies. In Massachusetts, couples must apply for a marriage license from the state and participate in a lawful ceremony to be considered married.
Although Massachusetts does not allow its citizens to enter into common-law marriages, it does honor common-law marriages originating in other states. The Full Faith and Credit Clause of the US Constitution requires Massachusetts to acknowledge common-law marriages that have occurred in states where they are legal. These marriages are treated as legally binding in Massachusetts.
Couples in Massachusetts who wish to enjoy the legal benefits associated with marriage but do not want to enter into a legal marriage may consider applying for a domestic partnership. Domestic partnerships can provide benefits such as shared healthcare coverage, hospital visitation rights, and other legal protections. To be considered domestic partners, couples must reside together with mutual support, caring, and commitment, be 18 or over, and consider each other family.
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Common-law marriages from other states are recognised
Although Massachusetts does not allow its citizens to enter into common-law marriages, it does recognize common-law marriages that have been established in other states. This is due to the Full Faith and Credit Clause of the United States Constitution, which mandates that Massachusetts acknowledge common-law marriages from the eight states that permit them. As a result, Massachusetts treats these out-of-state common-law marriages as legally binding, conferring the same rights and benefits as formal marriages.
The recognition of common-law marriages from other states stands in contrast to Massachusetts's own requirements for marriage. In Massachusetts, couples must obtain a marriage license and may need to participate in a formal ceremony, such as having their marriage solemnized by an authorized person. These requirements are absent in common-law marriages, which are formed simply by living together and holding themselves out as a married couple for a certain period.
Proving the existence of a common-law marriage from another state in Massachusetts courts can be challenging. Evidence and witnesses may be located in the other state, and the passage of time can make it harder to establish facts. The longer a couple resides in Massachusetts after their common-law marriage, the more difficult it may be to prove their marital status. This challenge is further compounded when trying to apply the laws of another state to the situation.
Despite the complexities, Massachusetts courts occasionally encounter divorce cases involving common-law marriages from other states. Additionally, some couples seek to extend their legal marriage period by adding a common-law marriage component, which can impact alimony and inheritance rights. It is important to note that while Massachusetts recognizes common-law marriages from specific states, it does not have a history of common-law marriages within its borders, and couples residing in Massachusetts cannot enter into a common-law marriage.
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Domestic partnerships are available in Massachusetts
To be considered domestic partners in Massachusetts, couples must reside together with mutual support, caring, and commitment, be 18 or over, and consider each other family. The process of filing for a domestic partnership involves filling out a form, paying the required fees, and submitting the information to a nearby city hall. Fees and requirements vary by city, so it is important to verify the requirements with the local city hall. The fee for filing in Boston, for example, is $50, and there is an additional $12 fee for a certified copy of the domestic partnership.
While Massachusetts does not allow its citizens to become married through a common law process, it does honour common law marriages originating in other states. This is due to the Full Faith and Credit Clause of the United States Constitution, which requires Massachusetts to acknowledge common law marriages from states that allow them. Proving a common law marriage from another state in Massachusetts can be challenging due to evidence and witnesses being located in another state.
Couples who are interested in common law marriage in Massachusetts have two options: getting married or applying for a domestic partnership. It is important to consider the legal implications of both options, as well as the specific requirements and benefits offered by the state of Massachusetts.
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Common-law marriages don't require a marriage license
In Massachusetts, common-law marriages are not recognized unless they are considered as such in another state. While the state does not allow its citizens to enter into common-law marriages, it does honor those originating in other states. This is due to the Full Faith and Credit Clause of the United States Constitution, which requires Massachusetts to acknowledge common-law marriages from the eight states that permit them.
Common-law marriages are legally recognized in nine states and the District of Columbia. These include Colorado, Iowa, Kansas, Montana, and New Hampshire. Each jurisdiction has specific requirements that must be met for a common-law marriage to be recognized. For example, in Colorado, common-law spouses must be 18 or older and not prohibited by other laws, while in Iowa, it is intended to support dependents but is not otherwise banned.
A common-law marriage is a legally recognized union between two people who have not obtained a marriage license or participated in a ceremony officiated by a licensed official. Couples who choose a common-law marriage are recognized as married by living together and behaving as a married couple would for a specified period. Some states, for instance, consider couples to have a common-law marriage if they have lived together for seven years.
While Massachusetts does not require a marriage license for common-law marriages, it does have specific requirements for traditional marriages. Both partners must appear in person before a city or town clerk to complete a marriage license application, also known as a Notice of Intention of Marriage, no more than 60 days before the wedding ceremony.
Couples in Massachusetts who are interested in a common-law marriage have two options: they can either get married or apply for a domestic partnership. A domestic partnership can provide benefits such as shared healthcare coverage, hospital visitation rights, and other legal advantages associated with marriage. To be considered domestic partners, couples must reside together with mutual support, caring, and commitment, be 18 or older, and consider each other family.
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Proving a common-law marriage can be difficult
While Massachusetts does not allow its citizens to enter into common-law marriages, it does honour those originating in other states. This means that proving a common-law marriage can be difficult, and it will depend on where the couple lived when they established their relationship and whether they can prove they meet the legal requirements for a valid common-law marriage.
The exact evidence needed to prove a common-law marriage varies by state, but some examples include an agreement or other official documents signed by both partners declaring their intention to marry, such as a signed affidavit stating that they are married. Other documentation that may be accepted by a court includes evidence that there was a ceremony that turned out to be invalid because the couple did not have a marriage license or the officiant was not licensed.
Couples in valid common-law marriages have the same legal rights and obligations as any other married couple. However, proving a common-law marriage in another state can be challenging due to practical issues, such as evidence and witnesses being located elsewhere. The passage of time can also impact the availability and integrity of facts and evidence.
Same-sex couples may face additional difficulties in gathering evidence to prove their relationship qualifies as a common-law marriage. For example, they may not have been able to file joint tax returns or list their partner as their spouse on official documents before same-sex marriage was legalized. Discrimination in social and professional settings may have also prevented them from publicly presenting themselves as a married couple.
Furthermore, each year that a couple resides in Massachusetts while in a common-law marriage from another state may increase the degree of difficulty in proving their marriage. This is because Massachusetts courts may need to extend the "marital coverture period", or the length of the marriage, by seeking to combine a common-law marriage with a legal marriage, which is often a critical factor in divorce cases.
Therefore, it is important for couples to understand their state's specific requirements and consult with a knowledgeable family lawyer to guide them in gathering evidence and documentation to support their claim of a common-law marriage.
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Frequently asked questions
No, Massachusetts does not recognize common-law marriage. However, it does recognize common-law marriages performed in other states as valid.
Common-law marriage is a concept where couples are treated as married if they have been living together and lived like a married couple for a certain amount of time. This usually involves referring to each other as spouses, sharing household duties and expenses, raising children together, having joint bank accounts, filing joint tax returns, signing contracts together, and using the same last name.
Common-law marriages enjoy the benefits of a formal marriage, such as certain marriage entitlements and rights.
Proving a common-law marriage in Massachusetts can be challenging. It requires evidence and witnesses, which may be located in another state. The specific requirements to prove a common-law marriage vary from state to state, but some documentation that may help prove the union includes a common-law affidavit, which is a notarized document filed with a county clerk.
