Kara Sears
Common-law marriage in Pennsylvania has been abolished since January 2005, but couples who established a valid common-law marriage before this date may still be recognised by the state. To prove a common-law marriage, couples must provide clear and convincing evidence that they exchanged words in the present tense with the specific purpose of establishing a marital relationship. This can include providing records that establish proof of marriage, such as joint tax returns, loans, or other financial documents, as well as demonstrating intent to marry through witness testimonies. Spouses may also need to complete a 'Statement of Marital Relationship' and provide statements from blood relatives affirming the marriage.
| Characteristics | Values |
|---|---|
| Common law marriage recognized | Yes, but only if established before 1 January 2005 |
| Proof of marriage | Joint tax returns, joint loans, or other financial documents |
| Witness testimony | Yes, to prove intent to marry and that the couple held themselves out as married |
| Social Security benefits | Recognized, but eligibility criteria may vary |
| Divorce | A divorce decree must be obtained |
| Property rights | Yes, but not the same as legally married spouses |
| Parental rights | Yes, regardless of marital status |
| Palimony | Can be addressed in the agreement |
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What You'll Learn
Common law marriage in PA after 2005
In Pennsylvania, common-law marriages are recognized if they were established before January 1, 2005. After this date, couples who want to be treated as legal spouses must formally marry.
If you entered into a common-law marriage in another state that still recognizes these marriages, you can ask a Pennsylvania court to determine if your marriage is valid under your home state's laws. This will ensure that your marital rights are protected.
To prove a common-law marriage in Pennsylvania, you will need to provide clear and convincing evidence that you and your partner exchanged "words in the present tense" with the specific purpose of establishing a marital relationship. This can be challenging to prove, and you will almost certainly need the help of a family law attorney.
Some types of evidence that might be useful in helping to prove the existence of a common-law marriage include:
- Documents showing that you lived together (such as jointly signed leases or mortgages)
- Joint tax returns, joint loans, or other financial documents
- Testimony from friends and community members that they considered you and your spouse to be married
- Witnesses who can testify that you and your partner held yourselves out as a married couple to family, friends, and the community. These witnesses may be questioned about whether any ceremony took place and what was said.
If your common-law spouse has passed away, you may need to provide your own statement, a statement from one of your blood relatives, and two statements from blood relatives of the deceased. Children of deceased common-law spouses may also qualify for survivor benefits.
It's important to note that even if your relationship doesn't qualify as a common-law marriage, you might still be protected by state contract or tort laws in certain disputes, such as disagreements over property rights. Additionally, you have parental rights over your children regardless of your marital status with the other parent. You can also enter into a domestic partnership agreement to grant each other more rights than you would have as an unmarried couple.
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Proving intent to marry
In Pennsylvania, couples cannot enter into a common-law marriage if their relationship began after January 1, 2005. However, the state may still recognize common-law marriages that were established before this date.
If both spouses are unavailable to testify about their vows (for example, if one spouse has died), the judge may presume a common-law marriage if there is a "reputation of marriage." This means that the couple was broadly considered to be married in their community. In this case, witnesses may be questioned about whether any ceremony took place and what was said during the ceremony.
To prove intent to marry, various types of evidence can be presented:
- Documents showing that the couple lived together, such as jointly signed leases or mortgages.
- Testimony from friends and community members who considered the couple to be married.
- Records that establish proof of marriage, such as joint tax returns, joint loans, or other financial documents.
It's important to note that proving a common-law marriage in Pennsylvania is not easy, even if the relationship was established before 2005 or in a state that recognizes such marriages. Seeking legal assistance is highly recommended to ensure the right kind of evidence is gathered to convince a judge that the relationship qualifies as a common-law marriage.
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Witness testimony
In Pennsylvania, a couple may claim to be common-law married if there is clear and convincing evidence that they exchanged words in the present tense with the specific purpose of establishing a marital relationship. This exchange of words, or vows, must have taken place before January 1, 2005. If both spouses are alive, they must testify about these vows in court. However, if one spouse is deceased or unable to testify, witness testimony becomes crucial.
For example, let's say a couple, Anne and Bob, claim to be common-law married in Pennsylvania before 2005. However, Bob has passed away, and Anne is seeking spousal benefits. Anne can provide witness testimony from their close friends, Emma and Frank. Emma and Frank can testify that they were present when Anne and Bob exchanged vows, stating their intention to be married. They can also attest to the fact that Anne and Bob were considered married by their social circle and the broader community. This witness testimony would provide strong evidence to support Anne's claim of a common-law marriage.
In addition to witness testimony, other types of evidence are also important to consider. Documents showing that the couple lived together, such as jointly signed leases or mortgages, can be helpful. Financial records, such as joint tax returns, bank statements, or insurance policies, can also provide evidence of a marital relationship. Social Security may require these types of documents, along with statements from blood relatives, to confirm the marriage.
It is important to note that proving a common-law marriage in Pennsylvania can be challenging, especially for relationships formed after January 1, 2005. The state no longer recognizes new common-law marriages, but existing ones established before this date are still valid. Seeking legal assistance from a family law attorney or an estate planning attorney can help individuals navigate the complexities of proving a common-law marriage and protecting their rights.
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Social Security benefits
In Pennsylvania, a couple may claim to be common-law married if there is clear and convincing evidence that the couple exchanged words in the present tense with the specific purpose of establishing the legal relationship of husband and wife. This exchange of words must have taken place on or before January 1, 2005. It is important to note that simply living together, having children together, or owning property together does not constitute a common-law marriage.
If you have established a common-law marriage in Pennsylvania, you may be eligible for certain Social Security benefits. The Social Security Administration (SSA) recognizes common-law marriages in Pennsylvania and provides a list of requirements to prove the existence of such a marriage. Both spouses must provide a statement affirming the marriage, and the spouse applying for benefits must provide a statement from one of their blood relatives and a statement from one of their spouse's blood relatives. If one spouse is deceased, the surviving spouse must provide a statement affirming the marriage and two statements from the deceased spouse's blood relatives. Social Security may also request additional documentation, such as mortgage or rent receipts, insurance policies, or bank records.
It is important to note that the specific benefits and eligibility criteria for Social Security can vary, and same-sex common-law marriages are still legally unsettled. Additionally, if you have moved to Pennsylvania from another state, you can ask a Pennsylvania court to determine if your common-law marriage is valid under your home state's laws to protect your marital rights.
Some types of evidence that can be useful in proving a common-law marriage include jointly signed leases, mortgages, bills, testimony from friends and community members, tax returns showing a married filing status, and joint credit applications. Proving a common-law marriage in Pennsylvania can be challenging, and it is recommended to seek legal assistance to ensure your rights are protected.
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Divorce and separation
In Pennsylvania, there are specific requirements and guidelines that must be followed when it comes to proving a common-law marriage, especially in the context of divorce and separation. Here is some detailed information regarding divorce and separation for those in a common-law marriage in the state:
Proving Common-Law Marriage:
When it comes to divorce and separation, proving the existence of a common-law marriage is crucial. In Pennsylvania, you must provide clear and convincing evidence that your marriage meets the requirements set forth by the state. This includes showing that both partners exchanged verbal consent or agreement to be married, held themselves out as a married couple, and had a reputation in their community as being married. Evidence can include documents such as joint tax returns, joint bank accounts, leases or mortgages, and testimony from family and friends who knew of the marriage.
Divorce Process:
Once a common-law marriage is established and recognized by the court, the divorce process follows the same legal path as a traditional marriage. Either spouse can file for divorce by citing irretrievable breakdown of the marriage, which is Pennsylvania's version of no-fault divorce. This means that neither spouse is blamed for the marriage ending and you do not need to prove fault, such as adultery or abuse. However, you must go through a waiting period of at least one year from the date of separation before your divorce can be finalized.
If you and your spouse can agree on all terms, including division of assets, child custody, and support, you may be able to obtain an uncontested divorce. This process can be faster and less costly. However, if there are disputes, your divorce is considered contested, and you may need to go through mediation or litigation to resolve the issues.
Division of Assets:
In Pennsylvania, common-law spouses have the same rights to marital property as legally married couples. This means that any assets acquired during the marriage, regardless of which spouse obtained them, are considered marital property and subject to equitable distribution. The court will consider factors such as the length of the marriage, each spouse's contributions, and economic circumstances when dividing the assets.
Child Custody and Support:
If there are children involved, the court will make decisions regarding child custody and support based on the best interests of the child. Both parents, regardless of gender, have equal rights to custody and visitation. The court will consider factors such as the child's relationship with each parent, the parents' ability to care for the child, and the child's preference if they are old enough to express an opinion. Child support will be determined based on Pennsylvania's child support guidelines, taking into account each parent's income and the custody arrangement.
Spousal Support and Alimony:
Common-law spouses may also seek spousal support or alimony during the separation or after the divorce. The court will consider factors such as the length of the marriage, the financial resources of each spouse, and the earning capacity of each spouse when determining the amount and duration of spousal support or alimony.
It is important to consult with an experienced family law attorney who can guide you through the specific laws and requirements in Pennsylvania and help protect your rights during the divorce and separation process.
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Frequently asked questions
Yes and no. Pennsylvania does not recognize any common-law marriages formed after January 1, 2005. However, it does recognize common-law marriages that were established before this date.
You will need to provide clear and convincing evidence that you and your partner exchanged words in the present tense with the specific purpose of establishing a marital relationship. For example, you may need to provide witnesses who can testify that you and your partner held yourselves out as a married couple to family, friends, and the community.
If one spouse is no longer living, the surviving spouse must provide a statement affirming the marriage, along with two statements from blood relatives of the deceased spouse.
Common-law marriages are legally recognized as marriages. Therefore, common-law spouses have the same rights as couples married in a religious or civil ceremony, including rights to one another's Social security benefits, employment benefits, assets, and debts.
