Cameron Miranda
In Michigan, common-law marriages are not recognized in most cases, meaning that simply living together is insufficient to establish a common-law marriage. However, Michigan will recognize common-law marriages that occurred in another jurisdiction or state that recognizes such unions. For example, if a couple is considered common-law in Iowa and then moves to Michigan, their union will still be recognized as a common-law marriage in Michigan, provided they met the legal requirements for common-law marriage in Iowa.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | Michigan does not recognize common-law marriage in most cases. |
| Exceptions | Michigan will recognize common-law marriages from other states, provided certain requirements are met. |
| Requirements for recognition | The couple must have lived in a jurisdiction that recognizes common-law marriage, met the legal requirements for common-law marriage in their home state, and cohabited. |
| Rights of common-law couples in Michigan | Common-law couples recognized by Michigan are afforded the same rights and responsibilities as married couples. |
| Protection for unmarried couples | Unmarried couples in Michigan can protect their rights through a cohabitation agreement, which outlines the division of assets in the event of a separation. |
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What You'll Learn
Michigan does not recognise common-law marriage
In Michigan, common-law marriage is not legally recognised. This means that a couple must obtain a license to marry and also possess a wedding certificate to be considered officially wed. However, Michigan will respect a common-law marriage that occurred in another jurisdiction. For example, if a couple has a valid common-law marriage in a state that recognises such unions, Michigan will treat them as a married couple and afford them the same rights and responsibilities.
History of Common-Law Marriage in Michigan
Michigan recognised common-law marriage for an extended period. In 1838, Michigan passed a law stating that marriages could be solemnised by any justice of the peace in the county or by any ordained minister of the gospel. This law allowed for the recognition of common-law marriages. However, in 1877, the United States Supreme Court heard the case of Meister v Moore, which validated a common-law marriage in Michigan.
It wasn't until January 1, 1957, that Michigan changed its law to require that marriages must result from a marriage license. After this date, mere consent to be married or cohabitation would not be enough to establish a legal marriage in Michigan. This change in legislation effectively abolished the recognition of common-law marriage in the state.
Rights of Unmarried Couples in Michigan
Unmarried couples in Michigan do not have the same rights as married couples. For example, in the case of separation, cohabiting partners may face challenges when dividing assets and property. To protect their rights, unmarried couples in Michigan can draft a legal cohabitation agreement, similar to a premarital agreement. This agreement can outline which assets and property belong to each partner and how they will be divided in the event of a separation.
Additionally, child custody laws in Michigan differ for unmarried parents. Typically, the unmarried biological mother will receive sole physical and legal custody of a child. For an unmarried father to receive custody, he must establish paternity and then file for custody. Unmarried parents are still required to provide necessary child support, and a family law attorney can help navigate these financial obligations.
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Common-law marriages performed in other states
Common-law marriage is the term for a ""marriage" that exists solely by agreement and cohabitation. In other words, a common-law marriage occurs when two people agree to live together as a married couple.
Michigan does not recognize new common-law marriages established within the state. However, it will recognize common-law marriages from other jurisdictions. Michigan courts may consider the validity of a common-law marriage originating in another state and apply Michigan's divorce laws.
For a common-law marriage from another jurisdiction to be recognized in Michigan, certain requirements must be met. These include:
- The couple must have cohabited in an out-of-state jurisdiction that recognizes common-law marriages.
- The other state has established clear common-law marriage requirements.
- The couple must meet the legal requirements for common-law marriage within their home state.
- The couple must have a mutual intent to be married and consistently represent their relationship as a marriage to the public.
The states that currently recognize common-law marriage include Utah, Colorado, Texas, New Hampshire, Kansas, Iowa, South Carolina, and Montana. Washington, D.C. also recognizes common-law marriages.
It is important to note that the laws surrounding common-law marriage can be nuanced and vary across different states. Seeking guidance from a qualified family law attorney is recommended to understand your specific situation better.
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Requirements for out-of-state common-law marriages
Michigan does not legally recognize common-law marriages under Michigan law. However, it will respect a common-law marriage that occurred in another jurisdiction. In other words, if a couple was in a common-law marriage in a state that recognizes the legal validity of such marriages, Michigan courts may consider the legality of that marriage after the couple moves to Michigan.
For a common-law marriage to be recognized in Michigan, certain requirements must be met. These include:
- The two individuals must have cohabited in an out-of-state jurisdiction that recognizes common-law marriages.
- The out-of-state jurisdiction must have established clear common-law marriage requirements.
- The date of declaring the specific type of common-law marriage can be determined by the Michigan court.
Additionally, it is advisable for couples to sign durable power of attorney documents (financial and medical) before declaring their common-law marriage in Michigan. These documents name each individual as the other's agent and patient advocate.
It is important to note that common-law marriages in Michigan will only be recognized by the court if the agreement was not meretricious, meaning it was not based on the promise of sexual relations. Furthermore, any common-law marriage created before 1957, when common-law marriage was abolished in Michigan, would still be considered valid and legal in the state.
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Rights of unmarried couples in Michigan
In Michigan, unmarried couples are treated differently from married couples under the law. Michigan does not recognize common-law marriage, having abolished it in 1957. As a result, unmarried partners may face challenges when attempting to divide assets, solve housing issues, and arrive at a parenting time or child custody agreement.
Until 2023, a 1931 Michigan law made it illegal for unwed partners to live together. Under Section 750.335 of the 1931 Michigan Penal Code, any man or woman "not being married to each other, who lewdly and lasciviously associates and cohabits together" was guilty of a misdemeanor punishable by a fine of up to $1,000 and/or imprisonment for up to one year. However, this law was repealed in 2023, and it is no longer a crime for unmarried couples to live together in Michigan.
Unmarried couples in Michigan who wish to separate may struggle to understand their rights within the legal system, especially if they have children and shared assets. In most circumstances, cohabitation does not extend legal rights to either party in the event of a separation. Unmarried couples who have bought property together or started a business together may encounter additional complications when attempting to separate.
Child custody is one of the most challenging issues for unmarried couples in Michigan. Child custody laws in Michigan for unmarried parents differ from those that apply to married couples. Typically, the unmarried biological mother will receive sole physical and legal custody of the child. For an unmarried father to receive custody, he must establish paternity and then file for custody. Michigan custody laws for unmarried parents recognize the value of both parents contributing to the child's health and well-being, including financial contributions. Biological parents must provide necessary child support, even if they are not legally married.
To protect their assets in the event of a separation, unmarried couples in Michigan can develop a legal cohabitation agreement stipulating which assets belong to each partner and outlining how assets and property will be divided. Lawyer involvement can often lead to a faster resolution and improved terms. Mediation is an alternative to court, where the parties come together before a mediator to settle their disputes.
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Child custody for unmarried parents
In Michigan, child custody laws for unmarried parents differ from those for married couples. The state's laws specify that the unmarried person who gives birth to a child is the child's custodial parent.
For an unmarried father to receive custody, they must first establish paternity and then file for custody of the child. This can be done by initiating a paternity case in a Michigan court, which will order genetic testing to prove the identity of the child's biological father. Once paternity is established, the court will approve child custody and parenting time rights.
Unmarried biological mothers will typically receive sole physical and legal custody of a child. If paternity is voluntarily agreed upon, the parents may sign an "Affidavit of Parentage" when the child is born, and the father can be legally established as the father. If paternity is contested, the Michigan court will order biological testing to establish or deny paternity.
Both biological parents must provide necessary child support, even if they are unmarried. The amount of child support owed is calculated by the Michigan Child Support Formula, which considers several factors.
It is highly recommended to consult a family law attorney for further information on child custody for unmarried parents, as the legal issues are complex and can be challenging to navigate without professional help.
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Frequently asked questions
No, Michigan does not recognize common-law marriage under Michigan law.
Michigan abolished common-law marriage in 1957.
Yes, Michigan will recognize common-law marriages from other states as long as certain requirements are met. These include: the couple must have lived in cohabitation in a state that recognizes common-law marriage, the couple must meet the legal requirements for common-law marriage within their home state, and the couple must have cohabitated with each other in their home state.
Common-law marriage is a legal union between two adults who have not purchased a marriage license or had an official marriage ceremony. In states that recognize common-law marriage, couples are afforded the rights of a married couple even though they are not married.
