Anaya Nolan
In the United States, common-law marriage is a way for couples to be considered legally married without obtaining a marriage license or having a ceremony. While a few states still recognize this form of marriage, North Carolina is not one of them. The state abolished common-law marriage in 1989, and couples who want to be legally married in North Carolina must obtain a marriage license and have a ceremony officiated by a licensed official. However, North Carolina may recognize common-law marriages established in other states that allow it, and couples with a valid common-law marriage who move to North Carolina would still be considered married.
| Characteristics | Values |
|---|---|
| Does North Carolina recognize common law marriages? | No |
| Common law marriage recognition in the US | Only a handful of states still recognize this form of marriage |
| Requirements for common law marriage | Couples must live together for a period of time, present themselves to the public as a married couple, and meet other requirements |
| Recognition of common law marriage in North Carolina for couples from other states | Yes, North Carolina will recognize a common law marriage that was established in another state |
| Divorce process for common law marriages | The same as for statutory marriages |
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What You'll Learn
Common law marriage in North Carolina
In North Carolina, common law marriage is not recognized. The state abolished common law marriage in 1989. This means that a couple is not considered legally married simply by living together for a certain period, regardless of the duration. To be legally married in North Carolina, couples must obtain a marriage license and have a ceremony officiated by a licensed official. The ceremony can be religious, with an ordained minister, or civil, with a magistrate.
However, North Carolina may recognize a common law marriage that was established in another state. If a couple enters into a valid common law marriage in a state that recognizes such marriages and then moves to North Carolina, their marriage will still be recognized. This is due to the Full Faith and Credit Clause in Article IV, Section 1, of the U.S. Constitution, which requires states to honor the legal acts of other states.
For North Carolina to acknowledge an out-of-state common law marriage, certain criteria must be met:
- The couple must have cohabited in the state where their common law marriage was recognized.
- The common law marriage must be valid in the state where it took place.
- The couple must seek validation of their common law marriage from the state of North Carolina.
It is important to note that there is no such thing as a "common law divorce." If a couple with a common law marriage wishes to separate, they must go through the standard divorce process in their state of residence, regardless of whether that state recognizes common law marriage. This includes filing for divorce, waiting periods, and addressing issues like property division, child custody, and alimony.
While North Carolina does not recognize common law marriage, cohabitating couples may still have legal rights and obligations related to property, debt, and other matters. These couples may consider creating a cohabitation agreement to outline their rights and responsibilities.
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Requirements for common law marriage
North Carolina does not recognize common law marriages. In the US, a common-law marriage is a legally recognized marriage in which the couple did not obtain a marriage license or have their marriage solemnized in a civil or religious ceremony. Instead, the couple cohabits and presents themselves to the public as husband and wife. However, North Carolina abolished common law marriage in 1989, and to be legally married in the state, couples must obtain a marriage license and have a ceremony officiated by a licensed officiant.
For states that do recognize common-law marriages, the requirements to validate such a marriage vary. In Colorado, the only requirements are that both parties are free to enter into a marriage (i.e., not married to another person), and that both are of legal age (18). If either party is between 16 and 18, they must have obtained appropriate parental or guardian consent. Evidence of a common-law marriage in Colorado may include the parties holding themselves out to the public as husband and wife, the maintenance of a joint checking and/or savings account, registration as husband and wife on applications, leases, contracts, registers, etc., and the use of the man's last name by the woman.
In other states, common-law marriages may be validated by a court of law up to one year after the alleged marriage has been terminated. Evidence of a common-law marriage may include a written agreement dated and signed by both spouses, any affidavits signed by a spouse to obtain benefits for the other spouse, affidavits from the spouses setting forth the date their marriage began, and supporting documentation of a marriage relationship, such as joint tax returns, joint financial accounts, and deeds under which the couple owned property.
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Recognition of common law marriage in other states
While North Carolina does not recognize common-law marriages, some other states in the US do. Common-law marriage, also known as sui juris marriage, informal marriage, or marriage in fact, is a form of irregular marriage that is recognized in only a handful of states. As of 2022, common-law marriages are recognized in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Additionally, Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage.
The requirements for a common-law marriage vary from state to state. However, the fundamental concept is that the parties agree to be married and publicly present themselves as a married couple. This may include one spouse taking the other's last name, referring to each other as spouses, or having joint financial accounts.
It is important to note that the trend across the US has been the abolition of common-law marriage, with most states no longer recognizing these informal marriages. Some states that previously recognized common-law marriage now only do so if they were established before a certain year. For example, Pennsylvania recognizes common-law marriages established before January 1, 2005, and Alabama recognizes those established before January 1, 2017.
When it comes to divorce, couples in a common-law marriage must follow the same legal process as couples with a marriage license. There is no separate process for dissolving a common-law marriage. If a couple with a common-law marriage moves to a state that does not recognize it, they may still be recognized as married under the Full Faith and Credit Clause of the US Constitution.
The recognition of common-law marriage can be complex and vary across states. If you are uncertain about your marital status, it is advisable to seek legal advice from a local family law attorney.
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Divorce for common law marriages
In the US, common law marriages are becoming less common, with only a handful of states still recognizing them. These states include Colorado, the District of Columbia, Iowa, Kansas, Montana, Oklahoma, Rhode Island, and Texas. Even in these states, the requirements for common law marriage vary. For example, in Texas, a couple must sign a "declaration of informal marriage" with the county clerk's office to establish a common law marriage.
If a couple establishes a common law marriage in a state that recognizes such marriages and then moves to another state, they must still pursue the statutory divorce process in their new home state to end the marriage. This is because the Full Faith and Credit Clause of the US Constitution requires states to recognize legal acts under other states' laws, including marriages.
The process for getting a divorce for a common law marriage is generally the same as for a formal marriage. However, a key difference is that common law married couples must first prove that they were married under the laws of that state, as common law marriages do not have a paper trail like traditional marriages. This can be done by providing evidence such as cohabitation, shared finances, public acknowledgment of the relationship, joint bank accounts, tax filings, and utility bills.
In North Carolina, common law marriage was abolished in 1989. Therefore, if a couple separates in North Carolina, they must go through the formal divorce process, including issues of property division, alimony, child support, and child custody.
It is important to note that even though North Carolina does not recognize common law marriage, couples who are cohabitating may still have legal rights and obligations related to property, debt, and other issues.
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Legal rights of cohabiting couples
In North Carolina, cohabitation refers to two adults who are in a relationship and are living together in a domestic arrangement. This can include romantic partners, roommates, or family members.
North Carolina does not recognize common-law marriage. Simply living together as a couple, no matter the duration, does not create a legal marriage under North Carolina law. To be legally married in North Carolina, couples must obtain a marriage license and have a ceremony officiated by a licensed officiant.
However, if a couple has a valid common-law marriage in a state that recognizes it and then moves to North Carolina, their marriage may still be recognized by the state. In the event of a divorce, the couple must go through the formal divorce process.
Cohabiting couples in North Carolina have no legal status and are not entitled to the protections that marriage affords. They do not have property rights, nor do they have the right to alimony or spousal support. However, the rights of persons with children in common to sue for custody or child support are not affected.
To protect their assets and legal rights, cohabiting couples in North Carolina can enter into a cohabitation agreement. This is a legally binding contract enforceable under North Carolina law, which can outline issues like the dispersal of assets and debts, healthcare decisions, and estate planning. It is important to note that cohabitation before marriage is technically illegal in North Carolina, although this antiquated law is not enforced.
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Frequently asked questions
No, North Carolina does not recognize common-law marriage. To be legally married in North Carolina, couples must obtain a marriage license and have a ceremony officiated by a licensed official.
Common-law marriage is a legally recognized marriage where the couple did not obtain a marriage license or have a civil or religious ceremony. In states that recognize common-law marriage, couples may enter marriage by living together for a period of time required by state law and presenting themselves to the public as a married couple.
Yes, there is no such thing as common-law divorce in the United States. Couples with a common-law marriage must go through the same legal divorce process as couples with a statutory marriage.
Yes, if a couple has a valid common-law marriage in a state that recognizes it and then moves to North Carolina, their marriage will still be recognized.
The requirements for common-law marriage vary by state. Generally, couples must live together for a certain period, present themselves as married to the public, and meet other requirements such as having joint financial accounts or sharing a last name.
