Anaya Nolan
The recognition of common-law marriages varies across different states. In some states, common-law marriages are recognized if certain criteria are met, while other states do not recognize them at all. The Department of Veterans Affairs (VA) must apply state law and use the evidentiary standard of the state in which the common-law marriage took place to determine its validity. This means that if a state recognizes a common-law marriage as valid, the VA will also recognize it. However, it is important to note that there is no marriage certificate or formal document recognizing a common-law marriage, which can create challenges when spouses seek Veterans Benefits administered by the VA. In such cases, it is advisable to have a State Court recognize the common-law marriage before the VA adjudicates.
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What You'll Learn
The VA must apply state law
The recognition of common-law marriages varies across different states. The VA must apply state law to determine whether to accept a common-law marriage as lawful. This means that if a state recognizes common-law marriage, the VA will also recognize it.
In Burden v. Shinseki, the Department of Veterans Affairs (VA) was required to use the evidentiary standard of the state to determine the validity of a common-law marriage. The VA must consider the law of the state where the couple resided when determining the right to benefits accrued. For example, in Alabama, the law requires clear and convincing evidence of several elements, including public recognition of the marriage.
Some states, like Texas, issue an official certificate for common-law marriages, which is recognized as a legal marriage certificate across all 50 states. Other states, like Virginia, do not allow the creation of common-law marriages within the state but recognize valid common-law marriages created in other states.
If a veteran is trying to argue for a common-law marriage and is unsure if the VA will properly interpret their state's laws, it may be advisable to first have a state court recognize the common-law marriage. This makes it difficult for the VA to sustain an administrative decision finding otherwise.
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Common law marriage recognition varies by state
Recognition of common-law marriages varies across the United States. In some states, common-law marriages are recognised, while in others, like Virginia, they are not.
In the case of Burden v. Shinseki, the Department of Veterans Affairs (VA) determined that it must use the evidentiary standard of the state in which a common-law marriage took place to establish its validity. This means that for the VA to recognise a common-law marriage, the state where the marriage took place must also recognise it.
For example, Texas recognises common-law marriages if certain criteria are met. Once Texas recognises the marriage, the VA can also recognise it. However, Texas requires specific evidence, such as a signed "Declaration and Registration of Informal Marriage" certificate, to prove the existence of a common-law marriage.
Similarly, Alabama requires clear and convincing evidence of several elements to prove a common-law marriage, including public recognition of the marriage.
It is important to note that the recognition of common-law marriages can be complex, and the requirements vary by state. If an individual is seeking to establish a common-law marriage for VA benefits, it is recommended to consult with a lawyer familiar with the specific state's laws and requirements.
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Proof of common law marriage
The requirements for proving a common-law marriage vary depending on the state. However, some general requirements and types of evidence are typically needed to prove a common-law marriage.
Firstly, both partners must intend to live as a married couple, voluntarily entering a long-term, committed, and intimate relationship. This means assuming the social and legal responsibilities of marriage, such as taking on a spouse's surname or publicly presenting as a married couple. There is no rule about the length of time a couple must live together, but cohabitation is generally required.
Secondly, both partners must be free to marry and meet the general marriage requirements in their state, such as being at least 18 years old and having the mental capacity to understand the commitment and consequences of marriage.
Preferred evidence of a common-law marriage includes signed statements from both spouses and two blood relatives. If one spouse is deceased, a signed statement from the living spouse and two blood relatives of the deceased is required. If both spouses are deceased, a signed statement from one blood relative of each spouse is needed. These signed statements should explain why the signer believes the couple was married. Other types of evidence include church records, membership information, and baptismal certificates of any children, affidavits from friends and family, public announcements of the marriage, and name changes on official documents.
It's important to note that not all states recognize common-law marriages, and the laws may change over time. If a common-law marriage was established in a state that recognizes it, other states should also recognize its validity. However, some states may only recognize common-law marriages established before a certain date. For example, South Carolina recognizes common-law marriages established before July 24, 2019, but not after.
Regarding the Department of Veterans Affairs (VA), they must use the evidentiary standard of the state in which the common-law marriage took place to determine its validity. The VA will recognize a common-law marriage if the state recognizes it and the couple meets the state's criteria.
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Legal requirements for common law marriage
The legal requirements for establishing a common-law marriage vary across different jurisdictions. Common-law marriage, also known as non-ceremonial marriage, is a marriage that results from the couple's agreement to consider themselves married, followed by cohabitation, rather than through a statutorily defined process.
In the United States, the Department of Veterans Affairs (VA) must use the evidentiary standard of the state in which a common-law marriage took place to determine its validity. For example, Texas recognizes common-law marriages if certain criteria are met. These criteria include the couple's capacity to marry, a present marriage agreement, and holding each other out as husband and wife in public. Once a state recognizes a couple as being married under common law, they can apply with the VA to have the marriage recognized.
In New Hampshire, common-law marriages are recognized for purposes of probate only. The state requires persons to cohabit and acknowledge each other as husband and wife, with a general reputation as such, for a period of three years, until the decease of one of them.
In the United Kingdom, England abolished clandestine or common-law marriages in the Marriage Act of 1753, requiring marriages to be performed by a priest of the Church of England unless the participants were Jews or Quakers. However, Scotland retained its own legal system, and "marriage by cohabitation with habit and repute" was part of Scots law until 2006.
In Canada, informal cohabitation relationships are recognized for certain purposes, creating legal rights and obligations. Similarly, in India, the Supreme Court defined a "relationship in the nature of marriage" as "akin to a common-law marriage" in the context of the Domestic Violence Act of 2005.
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Common law marriage and VA benefits
The recognition of common-law marriages varies across different states. In states like Alabama, Texas, and Virginia, the legal requirements for establishing a common-law marriage differ. For instance, in Alabama, the law requires "clear and convincing evidence" of several elements, including public recognition of the marriage. On the other hand, Texas provides an official certificate for common-law marriages, known as a Declaration and Registration of Informal Marriage.
When it comes to VA benefits, the Department of Veterans Affairs (VA) must apply state law to determine the validity of a common-law marriage. This means that if a state recognizes a couple as being married under common law, the VA will also recognize it for the purpose of granting VA benefits. However, it's important to note that there is no marriage certificate or formal document recognizing a common-law marriage, which can create challenges when a spouse seeks VA benefits.
In the case of Burden v. Shinseki, the Federal Circuit concluded that the VA appropriately applied Alabama's law in determining that the Veteran had not proven a common-law marriage. This highlights the importance of understanding the specific requirements of each state when it comes to common-law marriages and VA benefits.
To ensure that your common-law marriage is recognized by the VA, it is advisable to have a state court validate your marriage before seeking VA benefits. Consulting with a lawyer familiar with common-law marriages in your state can help you navigate the process and improve your chances of a successful outcome.
While common-law marriages may be recognized by the VA for benefit purposes, it is crucial to understand the specific requirements and provide sufficient proof. Each state has its own criteria, and by meeting those criteria, you can secure the recognition of your common-law marriage by the VA and access the benefits you are entitled to.
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Frequently asked questions
The VA must apply state law to determine whether to accept a common-law marriage as lawful. The VA will recognize a common-law marriage if the state in which the couple resides recognizes it.
If your state does not recognize common-law marriages, you can consider having a state court recognize your common-law marriage before the VA adjudicates your state's law.
The proof required will depend on the state in which the common-law marriage took place. For example, Alabama law requires clear and convincing evidence of several elements, including "a public recognition of the existence of the marriage." Texas requires a Declaration and Registration of Informal Marriage, which serves as a legal marriage certificate.
If the VA does not recognize your common-law marriage, you may need to consult a lawyer familiar with common-law marriages in your state to understand your options.
