Anaya Nolan
Michigan does not recognize common-law marriages, meaning that couples who live together without officially registering their marriage will not be afforded the same rights as married couples. However, Michigan will recognize common-law marriages that occurred in another jurisdiction, and any couple that was considered common-law prior to 1957 is still viewed as such. Common-law marriage is a term for a marriage that exists by agreement, cohabitation, and by behaving and speaking as though a couple is married.
| Characteristics | Values |
|---|---|
| Does Michigan recognize common law marriages? | No, unless the couple lived together with the agreement that they were married since 31 December 1956. |
| What about common law marriages from other states? | Michigan will recognize a common law marriage that occurred in another jurisdiction. |
| What if a couple with a common law marriage moves to Michigan? | Michigan will recognize the couple as common law and afford them the same rights and responsibilities as a married couple. |
| What about common law marriages before 1957? | Common law marriages that occurred before 1957 are still recognized in Michigan. |
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What You'll Learn
Michigan does not recognise common-law marriages
In Michigan, common-law marriages are not recognised. This means that, in the eyes of the law, a couple will be considered unmarried even if they have been cohabiting for many years. However, there are still steps that couples can take to protect their rights in the event of a breakup.
History of Common-Law Marriage in Michigan
Michigan abolished common-law marriages in 1957. Before this date, if a couple presented themselves as married, they would be treated as such by the law. The relationships that did not work out would end in divorce proceedings, just like any other married couple.
Common-Law Marriages from Other Jurisdictions
Although Michigan does not recognise common-law marriages, it will respect a common-law marriage that occurred in another jurisdiction. For example, if a couple is considered common-law in Iowa and then moves to Michigan, Michigan will still recognise the couple as common-law. A Michigan court may consider the validity of the common-law marriage originating in another state and, if so, apply Michigan's divorce laws.
Protecting Your Rights
If you are in a relationship and do not wish to get married, but still want to uphold your rights, it is important that you speak to a lawyer. A lawyer can help you draft a cohabitation agreement that outlines certain terms, such as the division of property, childcare, and more, in the event that the couple breaks up.
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Common-law marriages are recognised if formed in another jurisdiction
Common-law marriages are not recognised in Michigan. However, the state does recognise common-law marriages formed in another jurisdiction. This means that if a couple has a valid common-law marriage in another state, Michigan will respect that marriage.
For Michigan to recognise an out-of-state common-law marriage, several factors must be met. Firstly, the couple must have lived together in a state that recognises common-law marriages. Secondly, the state in question must have clearly defined requirements for common-law marriage. Finally, there must be a date stating when the common-law marriage began or was recognised.
If these requirements are met, Michigan will treat the couple as married and afford them the same rights and responsibilities. This includes the requirement to undergo divorce proceedings in Michigan if the couple decides to separate.
It is important to note that simply living together is not enough to establish a common-law marriage, even in states that recognise such unions. There are often specific requirements that must be met, such as acknowledging each other as husband and wife and having the legal right to marry.
While Michigan does not recognise common-law marriages formed within the state, it is important for couples who wish to protect their rights to consult with a lawyer. A lawyer can help draft important documents such as powers of attorney and cohabitation agreements, which can outline terms related to property, childcare, and more, in the event of a breakup.
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Couples must obtain a license to marry in Michigan
In Michigan, couples must obtain a license to marry and have a wedding certificate to be considered officially married. This is because, in 1957, Michigan abolished common-law marriages, which are marriages that exist by agreement, cohabitation, and by behaving and speaking as though a couple is married.
To obtain a marriage license in Michigan, couples must apply for a license in their county of residence. If neither person is a Michigan resident, the couple must apply for the license in the county where the wedding will take place. Both parties must fill out and sign an application and pay a license fee, which varies depending on the county. The couple must wait three days after submitting their application before they can obtain their marriage license.
If either party was previously married, they must provide certified documents showing how the previous marriage ended, such as through divorce, annulment, or death. To apply for a marriage license, individuals must be 18 years of age or older and provide a valid driver's license or state ID to prove their identity, age, and residency. A passport may be used to prove identity or age but does not prove residency. Photocopies of the required documents are acceptable.
Although Michigan does not recognize common-law marriages, it will respect common-law marriages that occurred in another jurisdiction. For example, if a couple is considered married under common law in Iowa and then moves to Michigan, Michigan will still recognize them as a married couple. However, for couples who are not married and do not wish to be, it is important to consult a lawyer to understand their rights and draft an agreement to protect themselves and their union.
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Common-law marriages were recognised in Michigan before 1957
The United States Supreme Court ruled that Michigan's law of 1838 did not require that marriages be validated by a justice of the peace or a minister, but instead stated that such solemnization (authorization) was discretionary: "marriages may be solemnized." Thus, common-law marriages were valid in Michigan before 1957.
However, in 1957, Michigan abolished common-law marriages with newly written statutes. After 1957, no domestic partnership would be recognized as a common-law marriage. From then on, couples who wished to be considered married in Michigan had to obtain a marriage license and have some form of wedding ceremony.
Today, Michigan does not legally recognize common-law marriages under Michigan law, but it will respect a common-law marriage that occurred in another jurisdiction. For example, if a couple is considered common law in Iowa and then moves to Michigan, Michigan will still recognize the couple as common law.
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Couples can take steps to protect their rights in the event of a breakup
Michigan abolished common-law marriages in 1957. While the state does not recognise common-law marriages, it will respect a common-law marriage that occurred in another jurisdiction.
For couples who are not married, there are still steps they can take to protect their rights in the event of a breakup. Here are some ways to do this:
- Consult a lawyer: A lawyer can help draft a durable power of attorney and a medical power of attorney to make the couple's wishes known. This is especially important if the couple has children.
- Create a cohabitation agreement: This agreement outlines certain terms, such as the division of property, child care, and more, in the event of a breakup. It is important to have this agreement in writing, as it can be legally enforced in court.
- Understand the laws: In most states, neither unmarried partner is entitled to receive any alimony-type support after a breakup unless there is proof of a clear agreement. Additionally, if only one partner is the legal parent, the other partner will typically have no right to future custody or visitation of the child.
- Seek legal representation: If a breakup occurs and there was no written agreement in place, a family lawyer may still be able to prove the agreement existed.
By taking these steps, couples can protect their rights and ensure a smoother transition in the event of a breakup.
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Frequently asked questions
No, Michigan does not recognize common-law marriage.
Common-law marriage is a legal union between two adults who have not purchased a marriage license or had an official marriage ceremony.
If you are in a common-law marriage in a state that recognizes such unions and want to move to Michigan, you should consult a lawyer. A lawyer can help you understand your rights and ensure your union is recognized in Michigan.
Unmarried couples in Michigan can protect their rights through a cohabitation agreement, which is similar to a premarital agreement. This can outline what each person will receive in the event of a breakup.
Yes, Michigan will recognize common-law marriages that occurred before 1957 as valid and legal.
