The Evolution Of Common-Law Marriage Laws: Understanding The Timeline

The length of time it takes to become law married depends on the type of marriage and the jurisdiction in which it is recognized. In the United States, common-law marriages are recognized in certain states, such as Texas, Colorado, Iowa, and Rhode Island, and allow couples to be legally married without a formal ceremony. The requirements for common-law marriage vary by state, but generally include cohabitation for a certain period (typically one year), holding themselves out as a married couple, and intending to get married. However, it is important to note that English and Welsh law does not recognize the concept of a common-law wife or husband, and there is no specific time requirement for cohabiting couples to gain legal recognition as married.

Common-law marriage

In the US, common-law marriage has existed since the colonial days when America was a colony of England. While many states no longer recognise common-law marriages, it is still recognised in Colorado, Iowa, Kansas, Rhode Island, Texas, and the District of Columbia. Additionally, nine states recognise it with some restrictions. The requirements for common-law marriage vary by state, but generally include:

• Living together (cohabitation) for a certain period, which is typically one year but may be longer.
• Holding themselves out to friends, family, and the community as "married".
• Intending to get married.
• Having the legal right or "capacity" to marry, including being at least 18 years old, of sound mind, and not already married.

It is important to note that common-law marriage is not recognised in all jurisdictions, and there is no such concept in English and Welsh law.

Legal rights of unmarried couples

In the US, the legal rights of unmarried couples vary depending on the state they live in. In some states, the law treats common-law marriages the same as traditional marriages, granting common-law spouses many of the same legal rights as formally married couples. Common-law marriages are formed when a couple:

• Live together (cohabitation) for a certain amount of time (typically one year)
• Hold themselves out as a married couple
• Intend to get married

However, it's important to note that not all states recognize common-law marriages. As of 2024, only the District of Columbia fully recognizes common-law marriages.

For unmarried couples who do not meet the criteria for a common-law marriage, their legal rights differ significantly from those of married couples. Unmarried couples do not have the same legal protection as married couples, and they have no legal responsibility for each other in the event of a breakup. This means that the rules that apply in a divorce do not apply if the couple is not married.

• Financial and Property Rights: Unmarried couples do not have the same financial and property rights as married couples. They do not have shared bank accounts, investments, or savings accounts. If anything is held jointly, it will typically be divided equally upon separation. Additionally, alimony or spousal support is not legally required in the event of a breakup.
• Inheritance Rights: Unmarried couples do not have automatic rights of inheritance if their partner dies without a will. Intestacy laws, which determine the distribution of the estate, do not benefit unmarried partners. However, surviving unmarried partners may be able to claim from their deceased partner's estate through an Inheritance Act claim, depending on the state.
• Parental Rights: Unmarried parents do not have the same rights as married parents. Unmarried mothers automatically have parental responsibility, but fathers do not unless they are married to the mother or jointly register the birth. In the case of a breakup, unmarried parents cannot claim spousal support, but child support may be payable.

To protect their legal rights, unmarried couples can consider the following:

• Cohabitation Agreement: A legal document that outlines the common intention for finances, property, and care of children in the event of a separation.
• Wills: Unmarried couples should consider writing or amending wills to ensure their estate passes to their partner if desired.
• Tax Advice: Due to the lack of tax breaks for unmarried couples, seeking tax advice to manage finances efficiently is recommended.
• Pension and Life Insurance: Unmarried individuals should review their pension and life insurance policies, as their unmarried partners may not be entitled to benefits in the event of their death.

In summary, unmarried couples have different legal rights compared to married couples, and these rights vary depending on the state they reside in. To ensure their rights are protected, unmarried couples should seek legal advice and take appropriate steps to safeguard their interests.

The legal process of signing a marriage certificate

The process of signing a marriage certificate involves several steps, and requirements may vary depending on the state and county. Here is a detailed guide to the legal process:

Step 1: Establish the Date and Location

Before applying for a marriage license, you must know the date and location of your wedding. The application is typically filed in the county where the wedding will take place, and marriage licenses have specific deadlines or expiration dates. It is recommended to apply at least one week before the wedding, as some states have a waiting period between filing and receiving the license.

Step 2: Visit the County Clerk

Schedule an in-person appointment at the county clerk's office, bringing all the necessary documents. These typically include proof of identity, such as a driver's license, passport, or birth certificate. If applicable, bring a certificate of divorce or death certificate of a former spouse. There may also be requirements to provide information about your parents and, for minors, obtain parental consent or a court order. A witness may be required for the application, and there is usually a fee associated with applying for a marriage license.

Step 3: Obtain the Marriage License

After submitting the required documents and paying the fee, you will be granted a marriage license. The process may vary by state, as some will provide the license immediately, while others will mail it out within a few days.

Step 4: Sign the Marriage License

On the day of the wedding, the couple, officiant, and witnesses must sign the marriage license. The officiant is the person who legally performed the ceremony, such as a judge, religious leader, or ordained friend. Most states require at least two witnesses, who must be physically present and over the age of 18. It is important to obtain these signatures before the wedding celebration begins.

Step 5: Return the Completed Marriage License

After the ceremony, the officiant is responsible for returning the signed marriage license to the county clerk, either by mail or in person. The couple will then receive certified copies of their marriage certificate, which are necessary for changing their marital status with various organizations and government agencies.

Additional Considerations:

It is important to note that marriage license requirements may differ slightly between states and counties. Some states have waiting periods after applying for the license, while others offer different types of licenses, such as covenant marriage licenses. Additionally, the cost of obtaining a marriage license varies, and certain counties may have specific payment method requirements. Always check with your local county clerk to understand the exact process and requirements for obtaining and signing a marriage certificate.

The time it takes to receive an official marriage certificate

Once a couple is considered common law married, they are entitled to the same benefits as traditionally married couples, such as shared insurance and social security benefits. However, it's important to note that not all states recognize common law marriages. While all states honour legal marriages from other states, only a few states fully recognize common law marriages, such as the District of Columbia.

After a traditional wedding ceremony, the signed marriage certificate is typically sent to the courthouse by the officiant. Depending on the jurisdiction, it may take a few weeks or a month for the official marriage certificate to be available from the state. So, while the couple is legally married as soon as they sign the certificate, they will need to wait a little while for the document to be processed and received.

The legal recognition of same-sex common-law marriages

The recognition of same-sex common-law marriages varies across different countries and states.

In the United States, same-sex marriage is legally recognised in all fifty states. However, the recognition of same-sex common-law marriages is more complex. While some states, such as Colorado, Iowa, and Rhode Island, allow common-law marriage, others like Alabama, Idaho, and Indiana only permitted it before a certain date. Additionally, the requirements for common-law marriage differ in each state.

In Canada, same-sex marriage has been recognised nationwide since 2005, and in Mexico, it is legal in all states and Mexico City. However, it is unclear whether common-law marriage is recognised for same-sex couples in these countries.

In the United Kingdom, same-sex marriage is recognised in England, Wales, Scotland, and Northern Ireland. Civil partnerships are also recognised and offer similar rights to marriage.

In Taiwan, same-sex marriage is recognised, and in Israel, same-sex marriages performed overseas are recognised.

In summary, while many countries and states have legalised same-sex marriage, the recognition of same-sex common-law marriages varies and often depends on specific legal requirements and the date of recognition.

Frequently asked questions