Cecily Zamora
Common-law marriage is a relationship in which a couple cohabits for a certain period of time and is considered legally married despite never having obtained a marriage license. While common-law marriages are slowly being phased out, a handful of states continue to recognize them. Tennessee is not one of those states. Tennessee does not recognize common-law marriages formed within its borders. However, it does recognize common-law marriages that were established in other states.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriages within the state | No |
| Recognition of common-law marriages from other states | Yes |
| Divorce process for common-law marriages | Same as traditional marriages, but with additional proof of marriage required |
| Proof of common-law marriage | Testimony and evidence |
| Common-law marriage states | Texas, Utah, Washington, Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, and Oklahoma |
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What You'll Learn
Tennessee does not recognise common-law marriages formed within its borders
Tennessee does not recognize common-law marriages formed within its borders. Common-law marriages are formed when a couple cohabits for a certain period of time and presents themselves as married, without going through the legal steps required for a traditional marriage. While most states once allowed for common-law marriages, Tennessee has never recognized them. This makes Tennessee unique among the various states.
The main reason for this is the difficulty in record-keeping. Traditional marriages require a marriage license, which creates an official record of the union. Common-law marriages, on the other hand, lack this paperwork, making it harder to keep track of who is and isn't married. This can have legal implications, especially if the relationship ends. For example, in the case of a divorce, a couple with a traditional marriage has the right to a "fair and just" division of marital assets. For common-law marriages, the process is more complicated, and the individual filing for divorce must prove the existence of the marriage.
Despite not recognizing common-law marriages formed within its borders, Tennessee does recognize common-law marriages that were validly formed in other states. For example, if a couple is considered common-law married in Utah and moves to Tennessee, their marriage would still be valid, and they would be entitled to the same rights and responsibilities as formally married couples. This shows that while Tennessee does not allow common-law marriages within its own state, it respects the validity of such marriages formed elsewhere.
It is important to note that the landscape of relationships and partnerships is constantly evolving, and the laws regarding common-law marriages can be complex and subject to change. Couples considering a common-law marriage or facing legal issues related to it should consult legal professionals and experts in family law to understand their specific circumstances and rights.
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Common-law marriages from other states are recognised in Tennessee
The concept of common-law marriage is an intriguing one, and while Tennessee is not a common-law marriage state, it does recognize common-law marriages formed in other states where they are legal. This recognition is important as it means that couples who have established a common-law marriage in another state and then move to Tennessee will have their marriage recognized as valid, with the same rights and responsibilities as any other married couple in the state. For example, a couple who are common-law married in Utah and then move to Tennessee will still be considered legally married.
Common-law marriage is a relationship where two people present themselves as married for a certain number of years, without ever obtaining a marriage license. In the past, this was a more common practice, but today, most states have moved towards a more traditional approach to marriage, with an authorized person performing the ceremony. Tennessee has never recognized common-law marriages formed within its own state, and this lack of recognition can make divorce procedures more complicated.
If a couple with a common-law marriage moves from a state where it is recognized to one where it is not, such as Tennessee, they would still have to go through the divorce process in Tennessee if they wished to end their marriage. This is because common-law marriages are still considered valid in Tennessee if they were formed in a state where they are legal. However, as there is no official marriage certificate, the spouse filing for divorce must provide additional testimony and evidence to prove the validity of the marriage. This can make the divorce process more difficult, and if the burden of proof is not met, the case will be dismissed.
While Tennessee does recognize common-law marriages from other states, it is important to note that this recognition does not mean that a couple can establish a common-law marriage in Tennessee if they previously lived in a state that recognized it. For example, if a couple moves from Utah to Tennessee before becoming common-law married, they cannot then become common-law married in Tennessee. This is because Tennessee law dictates whether common-law marriages are recognized and what requirements must be met to form one. As such, couples considering a common-law marriage in Tennessee should seek legal advice to understand their rights and responsibilities.
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Divorce is possible for common-law marriages in Tennessee
Although Tennessee does not legally recognize common-law marriages formed within its own state, it does recognize those formed in states where they are legal. This means that if you are common-law married and want to divorce, you can seek a divorce in Tennessee.
The divorce process in Tennessee can be daunting, as you have to navigate an unfamiliar legal system and deal with the emotional and practical changes that come with ending a marriage. There may be different steps depending on the type of divorce pursued, but there are no special divorce proceedings for common-law marriages. The process is pretty much the same as for any divorce, but it can be trickier for common-law marriages because the person filing for divorce has the burden of proving that the marriage exists. This is because, unlike traditional marriages, common-law marriages don't have a certificate or license as proof.
To get a Tennessee divorce, you must meet the state's residency requirements. You qualify if the spouse filing for divorce (the plaintiff) lived in Tennessee when the events that constitute the grounds for divorce happened. If the grounds for divorce happened outside of Tennessee and the plaintiff lived out of state at that time, either spouse must have lived in Tennessee for six months immediately before filing the divorce papers.
Before the Tennessee courts may issue a divorce decree, there's a waiting period that begins on the date the divorce complaint is filed. The waiting period is 60 days if the couple does not have an unmarried minor child. This wait time is usually considered a cooling-off period to give the couple a chance to reconsider the divorce. Tennessee courts require that some evidence be presented to prove fault unless the ground for divorce is irreconcilable differences.
In a divorce action in Tennessee, marital property is divided, but separate property is not. Temporary alimony is available while the divorce is in progress if the judge believes it's warranted. Tennessee judges must consider a long list of factors before ordering a spouse to pay alimony, including the length of the marriage, the standard of living during the marriage, and the spouses' physical and mental health.
If both spouses agree on all parts of the divorce, there are court-approved divorce forms that can be filled out. These forms are only for divorces where there are no minor or dependent children involved, and the spouses do not own any real property.
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Common-law marriage is slowly being phased out
Common-law marriage, also known as non-ceremonial marriage, is a marriage that results from an agreement between two people to consider themselves married, followed by cohabitation, rather than through a statutorily defined process. In the past, common-law marriage was a way for couples to be considered married without going through the traditional legal steps.
However, common-law marriage is slowly being phased out as more and more states move towards a traditional definition of marriage. This traditional definition typically involves an authorized individual, such as a pastor or magistrate, administering ceremonial rites to validate the marriage. Tennessee, for example, does not recognize common-law marriages formed within its state. While it does recognize common-law marriages from other states where it is legal, Tennessee itself has never approved of the practice. This makes Tennessee rather unique, as most states once allowed for common-law marriage.
The phasing out of common-law marriage can be attributed to several factors. One key reason is the difficulty in record-keeping when common-law marriage is allowed. Traditional marriages require a marriage license, creating easy-to-follow records, whereas common-law marriages do not, making record-keeping much more challenging. Additionally, the decline in common-law marriage may be influenced by the decreasing marriage rate in the United States. More and more people are choosing to forego legal marriage altogether, which includes both traditional and common-law marriages.
Despite the phasing out of common-law marriage, it is important to note that it still exists in a small number of states. As of 2024, states that fully recognize common-law marriages include Texas, Utah, Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, and Oklahoma. Additionally, numerous other states have laws that allow for limited recognition of common-law marriage, typically based on when the marriage began. For example, South Carolina recognizes common-law marriages that started before July 24, 2019.
The recognition of common-law marriages across different states can create complexities, especially when couples move between states with varying recognition laws. The Full Faith and Credit clause of the Constitution requires that a common-law marriage be recognized in a new state, even if that state does not ordinarily allow them. This can lead to legal challenges and complexities, especially in cases of divorce or disputes over assets and protections.
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Common-law marriage is challenging to prove
Common-law marriage, also known as "marriage without formalities" or "informal marriage", is a valid and legal way for a couple to marry without a formal ceremony or marriage license. While common-law marriage is recognised in some states, Tennessee does not recognise common-law marriages formed within its borders. However, Tennessee does recognise common-law marriages formed in states where they are legal.
Proving a common-law marriage can be challenging, especially if one partner denies the marriage. This is because common-law marriage doesn't have the same paperwork as a traditional marriage, such as a marriage certificate and license. As a result, individuals seeking a divorce based on a common-law marriage must first prove that the marriage existed. This can be difficult, and the burden of proof falls on the individual filing for divorce.
To establish a common-law marriage, couples must meet specific requirements. These typically include an agreement to be married, cohabitation, and representation as a married couple to the public. For example, using the same last name, referring to each other as spouses, and filing joint tax returns. However, same-sex couples may face additional challenges in proving their common-law marriages due to historical discrimination and legal restrictions.
If there is a dispute about the existence of a common-law marriage, it may be necessary to go to court to prove the marriage. This process can be complex, and it is recommended to seek legal counsel from experienced family lawyers. Documents such as lease agreements, tax returns, insurance policies, joint bank accounts, and affidavits from friends and family can be crucial in establishing the marriage.
In summary, while common-law marriage is recognised in some states, it is challenging to prove due to the lack of formal paperwork. Individuals seeking to prove a common-law marriage should be prepared to provide alternative forms of evidence and may benefit from seeking legal advice.
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Frequently asked questions
No, Tennessee does not recognize common-law marriages formed within the state.
Yes, Tennessee does recognize common-law marriages formed in other states where it is legal.
Some states that recognize common-law marriages include Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, Utah, and Washington.
Common-law marriage is a relationship where two people present themselves as married without legally obtaining a marriage license.
