Cecily Zamora
In Utah, couples who have lived together and treated each other as spouses can petition the court to recognize their relationship as a common-law marriage. While Utah does not recognize common-law marriages, couples can still request the court to grant them the same legal rights as traditionally married couples, such as tax breaks, spousal privilege rights, inheritance, and Social Security benefits. To be granted this recognition, couples must provide sufficient evidence and meet certain conditions, such as publicly presenting themselves as a married couple and filing jointly. This process of having a marriage recognized by petition can be started by either partner and may also be done after the relationship has ended, along with a divorce petition.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage in Utah | No, but couples can petition the court to recognize their relationship as a marriage |
| Who can petition the court | Either or both partners |
| When to file the petition | During the relationship or within 12 months of its termination |
| Where to file the petition | Local county court |
| Evidence required | Proof of cohabitation, consent, and public presentation as a married couple |
| Benefits of recognition | Tax breaks, spousal privilege rights, inheritance, Social Security benefits, survivor rights, etc. |
| Drawbacks of recognition | More costly and time-consuming than a traditional marriage |
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What You'll Learn
Utah does not recognise common-law marriages
Utah Does Not Recognize Common-Law Marriages
Utah does not recognize common-law marriages, whether gay, lesbian, or straight. However, couples who want legal recognition of their relationship can petition the court to recognize their relationship as a marriage, even without a formal wedding or marriage ceremony. This is known as a "judicially recognized marriage" or "common-law marriage."
To establish a common-law marriage in Utah, you must provide evidence that you and your partner:
- Are or were cohabiting (i.e., lived together)
- Both consider each other spouses and treat each other as such
- Present yourselves as a married couple, and others perceive you as married
If you can prove these points to the court, a judge can declare you and your partner as married. However, this process can be costly and time-consuming compared to an official marriage ceremony.
It is important to note that the court cannot decree that the parties are divorced until after it has found that they were married. Additionally, this only works if your relationship started after 1987, as Utah only recognizes non-traditional relationship setups due to a law passed that year.
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Couples can petition to have their relationship recognised as a marriage
Although the state of Utah does not recognize common-law marriages, couples can petition the court to recognize their relationship as a marriage. This process is known as a "judicially recognized marriage" or "marriage by petition". This option is typically considered by couples who have lived together and treated each other as spouses for a long time.
To initiate this process, either partner may file a written formal request, known as a "petition to recognize a relationship as a marriage", at their local county court. This petition must be filed either during the relationship or within twelve months of its termination. The person filing the petition is responsible for proving to the court that the relationship meets the criteria for a common-law marriage. This includes providing evidence and witnesses to support their request.
The criteria that must be met for a relationship to be recognized as a common-law marriage in Utah include:
- Consent: Both partners must agree that their union is a marriage. This can be proven through a written agreement, testimony from others, joint bank accounts, jointly purchased property, one partner taking the other's surname, filing taxes jointly, referring to each other as married, and executing documents such as deeds and wills together.
- Cohabitation: The couple must live together and present themselves as a married couple to the public in a way that leads others to believe they are married.
- Timing: The petition must be filed within the specified timeframe, either during the relationship or within one year of its termination.
If the court finds that the evidence sufficiently supports the request, a judge will approve it and declare the couple legally married. This recognition will be backdated to the time the relationship began. It is important to note that this process can be more costly and time-consuming than a traditional marriage ceremony. Additionally, a judicially recognized marriage in Utah may not be recognized in other states.
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The process of petitioning for recognition
Although Utah does not recognize common-law marriages, couples can petition the court to recognize their relationship as a marriage. This is known as a "judicially recognized marriage" or "marriage without a wedding".
The petitioning partner or partners must provide evidence and witnesses to support their request. The evidence must show that the couple:
- Cohabited (lived together)
- Treated each other as spouses
- Presented themselves as a married couple to the public, such that others believed they were married
If the court finds that the evidence sufficiently supports the request, a judge will approve it and declare the couple legally married. The decree recognizing the relationship as a marriage is the same as getting married and has the same effects. The couple's marriage can be backdated to the time their relationship began.
It is important to note that the process of petitioning for recognition of a common-law marriage can be more costly and time-consuming than a traditional marriage. Additionally, a couple whose relationship is recognized as a common-law marriage in Utah may face challenges in having it recognized in other states.
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Reasons to have your relationship recognised as a marriage
While Utah does not recognize common-law marriages, you can ask the court to recognize your relationship as a marriage if certain conditions are met. Here are some reasons why you may want to have your relationship recognized as a marriage:
Property and Finances
In the case of a divorce, having your relationship recognized as a marriage can help with dividing property and finances. This process can be more complicated if the relationship is not recognized as a marriage, and the court cannot decree that the parties are divorced until after it has found that they were married.
Legal Rights and Benefits
Marriage provides certain legal rights and benefits that are not available to those in non-married relationships. These can include insurance or retirement benefits, as well as the ability to inherit property.
Child Custody and Support
Although a relationship does not need to be recognized as a marriage for child custody, parent-time, or child support, having a legal marriage can provide clarity and protection in these areas.
Wrongful Death Action
In the unfortunate event of a partner's death, having your relationship recognized as a marriage can allow you to claim damages in a wrongful death action.
Emotional and Social Benefits
Marriage is a public declaration of commitment and love, and it can bring a sense of security, belonging, and mutual support to both partners. It can also lead to a richer and more meaningful life journey, as you navigate life's ups and downs together.
It is important to note that if there is no reason to "backdate" the marriage, it may be cheaper, simpler, and faster to get married through the traditional process. Additionally, seeking legal advice from a qualified professional is always recommended to understand your specific rights and options.
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Recognition of a common-law marriage in other states
While Utah does not recognize common-law marriages, it does allow couples to petition the court to recognize their relationship as a marriage, even without a formal wedding ceremony. This is called a "judicially recognized marriage" or "judicial recognition of a relationship as a marriage". This process can be more costly and time-consuming than a traditional marriage, and it is only advantageous if you need to "backdate" your marriage.
If you are seeking to have your relationship recognized as a common-law marriage in another state, it is important to note that the recognition of common-law marriages varies from state to state. As of 2021, the following states allow for common-law marriages to be formed:
- Alabama
- Colorado
- Iowa
- Kansas
- Montana
- Rhode Island
- South Carolina
- Texas
- Utah
- Oklahoma
It is important to check the specific requirements and laws of each state regarding common-law marriages, as they can vary significantly. Additionally, some states may have different procedures for recognizing a common-law marriage that was established in another state. Seeking legal advice or consulting with a family law attorney in the relevant state is recommended to understand your specific situation and options.
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Frequently asked questions
No, Utah does not recognize common-law marriage. However, there are alternatives for couples who want legal recognition of their relationship.
Couples who want their relationship to be legally recognized can petition the court to recognize their relationship as a marriage. If the court grants the request, the couple will be legally married.
The couple must file a formal, written request, called a "petition to recognize a relationship as a marriage", at the local court. The petition must be filed either during the relationship or within one year of its termination. The couple must provide evidence that they lived together and treated each other as spouses.
Evidence may include joint bank accounts, jointly owned property, one person using the surname of the other, filing taxes jointly, referring to each other as married, and executing documents together such as deeds and wills.
Couples with a recognized marriage enjoy benefits such as tax breaks, spousal privilege rights, inheritance, Social Security benefits, survivor rights, and more.
