Anaya Nolan
Common-law marriage, sometimes referred to as de facto or informal marriage, is a longstanding tradition in many parts of the United States. It is a union between two individuals that is established without a formal marriage license, ceremony, or religious or legal authority to officiate. In 2019, the Kentucky Supreme Court clarified that the state no longer recognizes any new common-law marriages after January 1, 1990, and couples in such marriages do not have the same legal rights as legally married couples. However, Kentucky does recognize common-law marriages that are valid in other states. This article will explore the topic of common-law marriage in Kentucky, including the legal implications and requirements, and how it differs from unmarried cohabitation, which is very common in the state.
| Characteristics | Values |
|---|---|
| Common law marriage recognized in Kentucky | No, common law marriage is not recognized in Kentucky. |
| Common law marriage recognized if contracted in another state | Yes, Kentucky will honor a common law marriage from another state. |
| Requirements for common law marriage | The parties must be of legal age to marry (18 years old in Kentucky). |
| Divorce for common law marriage | Couples in a common law marriage might not have access to divorce court. |
| Legal rights for common-law spouses | Common-law spouses do not have the same legal rights as legally married couples. |
| Property rights for common-law spouses | Common-law spouses do not have the same property rights as legally married couples. |
| Child custody and support for common-law spouses | Common-law spouses can seek court action to receive child custody and child support orders. |
| Inheritance rights for common-law spouses | Common-law spouses do not have the same inheritance rights as legally married couples. |
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![The Common School Laws of Kentucky. [1894]](https://m.media-amazon.com/images/I/51VRz-UqN+L._AC_UY218_.jpg)
What You'll Learn
Common law marriage is not recognised in Kentucky
Common-Law Marriage Is Not Recognised in Kentucky
In 2019, the Kentucky Supreme Court issued a decision that clarified the state’s position on common-law marriages. In the case of Jones v. Mayer, the court held that Kentucky no longer recognises any new common-law marriages formed after 1 January 1990. This decision was based on a 1998 law that abolished common-law marriage in the state. The law, KRS 402.005, states that “no common-law marriage shall be contracted in this state on or after 1 January 1990”.
While the court’s decision does not affect common-law marriages established before 1990, it means that no new common-law marriages can be formed in Kentucky. This means that, in Kentucky, a wedding is only considered legal if the couple has a valid Kentucky marriage license.
Despite the lack of recognition of common-law marriages in Kentucky, there are still options for legal support for couples who separate. For example, if a couple has children together, they will need to go to family court, which will make custody decisions based on the best interests of the children and calculate child support obligations. Additionally, if a couple owns property together, they may have contract or property rights that can be handled by a civil court.
Although common-law marriages are not recognised in Kentucky, the state does recognise common-law marriages that are valid in other states. To prove a valid common-law marriage entered into in another state, the couple must demonstrate that the law of the state in which the marriage was contracted permits common-law marriage and that the requirements of the law have been met.
The lack of recognition of common-law marriage in Kentucky has implications for unmarried couples in the state. Kentucky courts have made it clear that intimate unmarried relationships, even those that are long-standing and committed, do not give rise to property rights equal to those enjoyed by married couples. This means that, unlike married couples, unmarried couples in Kentucky do not have the same statutory protections and are treated as separate individuals with no rights or responsibilities if the relationship ends or one partner dies. Therefore, it is recommended that unmarried couples in Kentucky seek legal advice to determine how their assets will be distributed in the event of a breakup or the death of one partner.
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Common law marriages outside Kentucky may be recognised
Kentucky does not recognize common-law marriages contracted within the state. However, the state does recognize common-law marriages that were validly contracted in another state. To prove a valid common-law marriage in another state, the couple must demonstrate that the marriage was contracted in a state that permits such marriages and that the requirements of that state's law have been met.
If a couple enters into a common-law marriage in a state that recognizes it and then moves to Kentucky, their marriage will not be recognized under Kentucky law. In such cases, the couple may have to initiate a divorce or common-law separation in the state where their marriage was recognized to officially part ways.
While common-law marriages in Kentucky are not recognized, couples who claim a common-law marriage may still have certain rights and protections. For example, they can seek court orders for child custody and child support. Additionally, they may have contract, business, or property rights that a civil court can handle.
It is important to note that the laws and requirements for common-law marriages vary from state to state. Each state has its own specific criteria for recognizing common-law marriages. As of 2021, only eight states allow common-law marriages.
If you are in a common-law marriage or are considering entering into one, it is always best to consult with a family law attorney to understand your specific rights, obligations, and the legal implications in your state.
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Legal rights and obligations of common law spouses
Common law marriage, also known as informal marriage, is a union between two individuals that is established without a formal marriage license. In the past, Kentucky recognized common law marriages contracted within the state. However, in 1852, Kentucky stopped recognizing common-law marriages within the state. The Kentucky Supreme Court reaffirmed this stance in 2019, stating that the state would no longer recognize any new common law marriages entered into after January 1, 1990.
Despite Kentucky's current stance on common law marriages, there are still legal rights and obligations associated with these relationships. If a couple is married under common law in a state that recognizes such marriages, and then moves to Kentucky, their marriage may still be recognized. In such cases, common law spouses in Kentucky have the right to inherit from each other, can make medical decisions for one another, and can file joint tax returns.
However, common law spouses in Kentucky are not entitled to the same legal protections as formally married couples. For example, if a common law couple separates, there is no legal requirement for property or asset division. Additionally, common law spouses are not entitled to spousal support in the event of a breakup.
In the case of a breakup, common law spouses in Kentucky may have to initiate a common law separation to officially part ways. They do not have access to divorce courts, but they can seek legal support in civil courts for matters such as child custody and support, as well as property and contract rights.
To summarize, while Kentucky does not recognize new common law marriages within the state, it does acknowledge valid common law marriages contracted in other states. Common law spouses in Kentucky have certain legal rights and obligations, such as inheritance and medical decision-making, but they lack the full legal protections of formally married couples, especially in the event of a separation.
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Requirements for a valid common law marriage
In 2019, the Kentucky Supreme Court issued a decision that clarified the state's position on common-law marriages. The court held that Kentucky no longer recognizes any new common-law marriages formed after January 1, 1990. This decision was based on a 1998 law that abolished common-law marriages in the state.
However, Kentucky does recognize common-law marriages that were established in other states. To prove a valid common-law marriage entered into in another state, the couple must demonstrate that the law of the state in which the marriage was contracted permits common-law marriage and that the requirements of the law have been met.
While Kentucky no longer recognizes new common-law marriages within the state, there are still requirements that must be met for a common-law marriage to be considered valid if it was established before 1990. Here are the key requirements for a valid common-law marriage in Kentucky:
Legal Age
In Kentucky, both parties must be of legal age to marry. The legal age to marry without parental consent is 18 years old. If either party is under 18, they must have parental consent to marry.
Mutual Consent
Both parties must mutually consent to be married and hold themselves out to the community as married without undergoing a formal marriage ceremony. This means that they introduce each other as husband and wife and live together as such.
Cohabitation
The couple must live together in a long-term romantic relationship. However, simply living together does not automatically establish a common-law marriage. The intention to be married is crucial.
No Existing Marriage
Both parties must be legally free to marry, meaning they are not currently married to someone else.
No Same-Sex Marriage
Same-sex marriage is not recognized in Kentucky, so a common-law marriage between same-sex couples would not be valid.
It is important to note that even if all these requirements are met, a common-law marriage in Kentucky will not confer the same legal rights and protections as a formal marriage. For instance, common-law spouses do not have the same property rights as legally married couples. Therefore, it is advisable to consult with a family law attorney to understand the legal implications of a common-law marriage in Kentucky.
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Dissolution of a common law marriage
In the state of Kentucky, common-law marriages are not recognized, regardless of whether they were established in a state where they are legal. This means that if you have a common-law marriage that was entered into elsewhere, and you now wish to dissolve it (or get a "divorce"), the process may be more complex.
Firstly, you will need to establish that your common-law marriage is valid in the eyes of the law. This can be challenging, as Kentucky does not have a set of criteria or a legal process specifically for recognizing these marriages. Generally, you will need to provide evidence that your union meets the requirements of a common-law marriage in the state where it was established. This typically includes factors such as cohabitation, an agreement between both parties to be married, and a public presentation of yourselves as a married couple. The specific requirements can vary depending on the state where your common-law marriage took place.
If your common-law marriage is recognized as valid, the next step is to file for divorce in Kentucky. This process is similar to dissolving a traditional marriage. You or your spouse will need to file a petition for divorce with the family court in the county where you reside. In the petition, you will need to provide information about your marriage, including the date and place it was established, as well as details about any shared assets, debts, and children.
As part of the divorce process, you and your spouse will need to reach agreements on a range of matters, including property division, child custody and support, and spousal maintenance (alimony). If you are able to come to agreements amicably, you can submit a proposed settlement to the court for approval. If you cannot reach an agreement, the court will make decisions on these matters for you based on what it deems fair and equitable.
It is important to note that the divorce process can vary depending on the specific circumstances of your case and the county in which you file. Some counties may have specific local rules or procedures that you must follow. Additionally, if your spouse contests the divorce or there are complex issues involved, the process may take longer and be more complicated.
Seeking legal assistance from an experienced family law attorney is highly recommended, especially given the unique circumstances of dissolving a common-law marriage in a state where it is not recognized. An attorney can help you navigate the legal process, protect your rights, and ensure that your interests are represented throughout the dissolution of your marriage.
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Frequently asked questions
No, common law marriage is not recognized in Kentucky. In 2019, the Kentucky Supreme Court issued a decision that clarified the state’s position on common law marriage. The court held that Kentucky no longer recognizes any new common law marriages entered into after January 1, 1990.
If your common law marriage was established before 1990, it is still valid in Kentucky. However, couples in common law marriages might not have access to divorce court and would need to seek other legal support in the event of a breakup.
For a common law marriage to be recognized in Kentucky, it must have been established in a state that recognizes common law marriage. The parties must demonstrate that the law of the state in which the marriage was contracted permits common law marriage, and that the requirements of the law have been met.
Alternatives to common law marriage in Kentucky include joint tenancy, where ownership is shared equally, and tenancy in common, where each owner has a distinct share in the property. Another option is to hire an attorney to create a legal relationship that would provide some of the same benefits as a common law marriage, such as inheritance rights.
