Gavin Howe
Proving a common-law marriage in Iowa can be challenging as it is not formally documented like a typical marriage. To establish a common-law marriage in Iowa, there are three requirements that must be met: an agreement and intent to be married, continuous cohabitation, and a public declaration of the marriage. While a court can decide if a common-law marriage exists, the onus is on the petitioner to provide evidence, which can lead to lengthy and expensive legal proceedings.
| Characteristics | Values |
|---|---|
| Legal recognition | Common law marriage is legally recognised in Iowa. |
| Proof of marriage | A court can decide if a common law marriage exists, but it can be difficult to prove. |
| Requirements | There are three requirements for a common-law marriage in Iowa: 1) an agreement to be married, 2) continuous cohabitation, and 3) a public declaration of being married. |
| Time requirement | There is no specific time requirement for cohabitation, but it must be continuous. |
| Evidence | Evidence of common law marriage may include using a spouse's last name, joint finances, and legal documents. |
| Divorce | Common law marriages can be dissolved by a court, and the division of assets and liabilities will follow Iowa's marriage laws. |
| Legal proceedings | Proving a common law marriage can lead to time-consuming and expensive legal proceedings. |
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What You'll Learn
Continuous cohabitation
The requirement for continuous cohabitation does not mean that the couple must live under one roof or in the same home. However, merely living together or sharing a home, even if it is brimming with shared memories and children, is not sufficient to establish a common law marriage. The couple must also present themselves as a married couple to the public and have a present intent and agreement to be married.
In recent Iowa common law marriage cases, the petitioners (usually the wife) have faced a heavy burden of proof to establish that a common law marriage existed. These cases often involved long-term cohabiting relationships of over ten years. In one case, the court held that there was no marriage, as the couple only treated themselves as married when it was convenient or beneficial to do so.
Proving a common law marriage can be very fact-intensive, time-consuming, and expensive, and it may be difficult to get a court to rule in your favour. It is important to consult with an attorney to determine if common law marriage is applicable to your specific situation under Iowa law.
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Public declaration
To prove a common-law marriage in Iowa, a couple must meet three requirements: an agreement to be married, continuous cohabitation, and a public declaration of their marriage.
The third requirement, a public declaration, involves the couple presenting themselves publicly as a married couple and holding themselves out to the community as a married couple. This means that they introduce each other as their spouse, use the same last name, and behave in a way that reflects their intention to be married. For example, signing legal documents in the capacity of a spouse or obtaining a family health insurance policy together.
In one Iowa case, the court held that there was no common-law marriage because the couple only treated themselves as married when it was convenient or beneficial. This suggests that a consistent and unambiguous public presentation as a married couple is essential.
When a common-law marriage is challenged in court, it can lead to time-consuming and expensive legal proceedings. The burden of proof falls on the petitioner to demonstrate that they met the requirements, including public declaration. This may involve testimony from witnesses, such as family, friends, and neighbours, as well as documents that support their claim of a public declaration of marriage.
While there is no specific time requirement for continuous cohabitation, it is an essential factor in proving a common-law marriage. The couple must live together consistently and not just occasionally or on weekends.
It is important to note that common-law marriages are not formally documented or registered in the Iowa vital records system. Therefore, proving a public declaration of marriage through other means is crucial for legal recognition.
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Intent to be married
To prove common law marriage in Iowa, there must be an agreement and intent by both parties to be married. This is the first of three requirements that must be met for a common-law marriage to exist.
The intent to be married is a present intent, meaning that both parties must intend to be married at that moment, not in the future. This intent must be freely given by both parties and there must be no external pressure influencing their decision. For example, in one case, a couple signed an affidavit of common-law marriage to obtain a family health insurance policy at no cost. The court did not consider this a valid common-law marriage.
Both parties must also be capable of entering into a marriage. This means that they must be of legal age, not already married to someone else, and mentally competent to make the decision.
While it is not required for a couple to live together for a specific amount of time, they must cohabit continuously as spouses. This means that living together occasionally or on weekends does not fulfil this requirement.
Finally, while there is no requirement for one spouse to take the last name of the other, doing so can be considered evidence of a common-law marriage. Other evidence includes presenting themselves publicly as a married couple, for example, by referring to each other as husband and wife.
It is important to note that proving a common-law marriage can be difficult and time-consuming, and it is the legal system, rather than the couple, that ultimately decides if a common-law marriage exists.
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Legal capacity to marry
To be legally capable of marrying in Iowa, both parties must be of legal age and neither must be already married. People who are 16 or 17 years old may marry in Iowa, but only with special permission from a judge. If both people in the couple are minors, both sets of parents must sign a "Consent to Marriage of a Minor" form, which must be notarized. If one of the parents of the minor is dead or incompetent, the certificate may be signed by the other parent. If both parents are dead or incompetent, the guardian of the underage party may execute the certificate, and if the parents are divorced, the parent with legal custody may sign. If a parent or guardian refuses to consent, the couple can ask a judge to decide whether the refusal to consent is unreasonable.
To receive a marriage license, the parties must fill out an application with the county registrar in the county where they want the marriage license to be issued. After a marriage license is issued, there is a 3-day waiting period before the license becomes valid (unless a judge finds that there are emergency or extraordinary circumstances). For weddings at the courthouse, you will need to bring the marriage certificate and license and have two witnesses of legal age with you.
While the Iowa Code says that marriage is only valid between a man and a woman, the Iowa Supreme Court held in the case of Varnum v. Brien, 763 N.W.2d 862 (2009) that, under the Iowa Constitution, same-sex couples can also marry in Iowa.
In the context of common-law marriage, both parties must be capable of entering into the marriage. There is no requirement for a specific time period of cohabitation, but the couple must live together continuously as spouses and present themselves publicly as a married couple.
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Court recognition
In Iowa, a court can decide if a common-law marriage exists, typically when a person files for a divorce. The court cannot divorce a couple unless there was a marriage, so the person filing for divorce must prove that there was a common-law marriage, which can be difficult and expensive.
There are three requirements that must be met for a couple to be considered married under common law in Iowa:
- There must be an agreement that the people are married. Both parties must intend to be married, and this must be proven. If there is any indication that either party is unsure about getting married, or if the relationship is based on friendship, there is no common-law marriage.
- The couple must live together continuously as spouses. There is no specific time limit, but the cohabitation must be ongoing, and not occasional.
- The couple must present themselves publicly as a married couple. This can include one person taking the other's last name, but this alone does not establish a common-law marriage.
In Iowa, common-law marriages are not registered in the vital records system, and there is no document to prove such a marriage exists. However, both common-law and ceremonial marriages are treated equally under the law. When a couple splits up, the court can decide on issues such as debt, property division, and alimony.
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Frequently asked questions
There are three requirements for a couple to be considered married under common law in Iowa: an agreement between both parties to be married, continuous cohabitation, and a public declaration of their marriage.
While there is no official document that proves a common-law marriage, a court can decide if one exists. This often happens when a couple files for divorce. The petitioner must prove their common-law marriage, which can be difficult and expensive.
If a judge denies your request to have your relationship recognized as a common-law marriage, you may still be able to pursue certain rights that spouses enjoy.
