Kara Sears
Indiana does not currently recognize common-law marriages formed within its borders. However, it does recognize common-law marriages formed before January 1, 1958. To be legally recognized as married in Indiana today, couples must obtain a marriage license and may be married as early as the same day.
| Characteristics | Values |
|---|---|
| Common-law marriage recognized | Only if created before January 1, 1958 |
| Marriage license | Required |
| Marriage license fee for Indiana residents | $25.00 |
| Marriage license fee for out-of-state residents | $65.00 |
| Additional document fee | $4.00 |
| Certified copy of marriage license fee | $4.00 |
| Validity of marriage license | 60 days from the date it is issued |
| Marriage on the same day | Allowed |
| Re-application for a new license | Required if the couple does not marry within 60 days |
| Documentation required for re-application | Date of the end of the previous marriage and a certified copy of the divorce decree |
| Identification required | Certified copy of birth certificate, copy of birth record, or certification of birth |
Explore related products
What You'll Learn
Indiana only recognizes common-law marriages created before 1 January 1958
Indiana has banned common-law marriages since 1958. However, this ban is not absolute. Indiana still recognises common-law marriages that were created before 1 January 1958. This is known as 'grandfathering'.
To qualify as a common-law spouse in Indiana, couples must comply with the following requirements:
- Mutual agreement: Both parties must agree to enter into a marital relationship.
- Cohabitation: The couple must reside together as spouses and maintain a household.
- Public declaration: The couple must publicly recognise that they are married. This may include presenting themselves to others as being in a marital relationship, and this recognition can be both verbal and non-verbal.
- Intent: They must intend to be recognised as spouses or intend to enter into a marriage-like relationship.
Indiana law does not recognise common-law marriages formed within the state after 1 January 1958. However, it does recognise common-law marriages formed outside of Indiana, as long as they are legal in the jurisdiction they came from. This is known as the principle of 'per lex loci celebrations' (by the law of the place of celebration).
If you wish to enter into a marriage in Indiana after 1 January 1958, you must obtain a marriage license. Both you and your future spouse must appear in person at the Clerk's Office in an Indiana county where one of you resides. For out-of-state residents, apply for a license in the Indiana county where the marriage will be solemnised. A marriage license is valid for 60 days from the date it is issued, and couples may marry as early as the same day.
Keeping Chickens in Your Garden: What Does the Law Say?
You may want to see also
Explore related products
Common-law marriages are only recognized in 7 US states and DC
In the United States, common-law marriages are only recognized in seven states and the District of Columbia, with some provisions of military law and two other states recognizing domestic common-law marriage for limited purposes. The term "common-law marriage" is often used colloquially to refer to cohabiting couples, regardless of their legal rights. This can create confusion regarding the legal rights of unmarried partners.
Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage. It is considered the original form of marriage, where a couple takes up residency together, presents themselves as a married couple, and otherwise behaves as a married couple.
To establish a common-law marriage, there must be mutual consent or agreement between the couple to enter into a legal and social institution of marriage, followed by conduct that demonstrates this mutual agreement. The core inquiry is whether the parties intended to enter a marital relationship, sharing a life as spouses in a committed, intimate relationship of mutual support and obligation.
It is important to note that not all states in the US recognize common-law marriages. Indiana, for example, only recognizes common-law marriages that were created before January 1, 1958. As of 2022, the states that recognize common-law marriages are Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, and Texas. Additionally, Utah, South Carolina, and New Hampshire have limited recognition of common-law marriages.
If you are considering a common-law marriage or are uncertain about your marital status, it is advisable to seek legal help. An attorney can determine if you live in a common-law marriage state and advise you on your legal rights.
Inmate Marriages: Can Common Law Apply?
You may want to see also
Explore related products
$31.37 $34.75
Social Security recognizes common-law marriages
Indiana does recognize common-law marriages, but only if they were created before January 1, 1958. Social Security recognizes common-law marriages if your state recognizes them. This means that if you are applying for spousal benefits while your partner is alive, you must be currently living in a state that recognizes common-law marriage. However, if you are applying for survivor benefits after your partner's death, Social Security will recognize the common-law marriage if it was valid in a state that recognized it when you lived there, even if you have since moved to a non-recognizing state.
To prove your relationship, you will need to provide documentation showing that you meet your state's requirements for common-law marriage. This may include affidavits from you and your partner stating your intention to be married, affidavits from friends and family confirming that you presented yourselves as married, documents showing joint ownership of property or bank accounts, insurance policies listing each other as spouses, and any other evidence that you have represented yourselves as married to the community.
In addition, both common-law spouses must complete a "Statement of Marital Relationship" (form SSA-754) and provide an additional statement from a blood relative affirming the marriage (form SSA-753). If your common-law spouse has passed away and you are seeking survivor benefits, you must provide your statement, one from a blood relative of yours, and two from blood relatives of the deceased. Social Security may also seek corroborating evidence, such as mortgage or rent receipts, insurance policies, or bank records.
It is important to note that the rules on cohabitation and other criteria for establishing a relationship as a common-law marriage vary from state to state. If you are uncertain about your marital status or your rights in a common-law marriage, it is recommended to seek legal advice from an attorney familiar with the laws in your state.
Caregivers' Rights: Age-Restricted Community Laws Challenge
You may want to see also
Explore related products
Common-law marriages can impact benefits
Indiana does not recognise common-law marriages formed after 1 January 1958. However, if your common-law marriage was created before this date, you are entitled to the same benefits as a formally married couple.
In states that do recognise common-law marriages, the couple must live together and hold themselves out to the public as husband and wife. There must also be an agreement to marry, entered into by the mutual consent of the couple.
The benefits of common-law marriages include tax benefits, such as exemptions for gifts to each other and deductions for mortgage interest. Common-law spouses can also inherit each other's property with a valid will. Additionally, they can receive spousal Social Security benefits, including spousal benefits, survivor benefits, and benefits from an ex-common law spouse.
However, it is important to note that the rules and requirements for common-law marriages vary from state to state. If you are uncertain about your marital status or the specific benefits available to you, consider seeking legal advice. An attorney can help you understand your rights and make informed decisions to protect yourself within the relationship.
Understanding Common Law Marriage: Filing Process Simplified
You may want to see also
Explore related products
Consult a family law attorney to determine your marital status
If you are uncertain about your marital status, it is advisable to seek legal help. Consulting a family law attorney can provide clarity and guidance on this matter. They can determine if you reside in a common-law marriage state and explain your legal rights. This is particularly important as the recognition of common-law marriage varies across states.
In the United States, only a handful of states recognize common-law marriages, and Indiana is one of them, but only if the marriage was created before January 1, 1958. This means that if your relationship began before this date and meets the other requirements of a common-law marriage, you may be considered legally married in Indiana.
To establish a common-law marriage in Indiana, certain criteria must be met. Firstly, both parties must be at least 18 years old and mentally competent to consent to marriage. Secondly, the couple must mutually agree and intend to be married. This mutual agreement is often demonstrated by publicly presenting themselves as a married couple, such as by using the same last name, filing joint tax returns, or jointly owning property. Lastly, the couple must cohabitate, which means they should live together and represent themselves as a married couple to their community.
By consulting a family law attorney, you can gain a clear understanding of your marital status. They will assess your situation, review the relevant laws, and provide tailored advice. This may include discussing the benefits and challenges of common-law marriage, as well as any legal implications for areas such as taxes, property ownership, and potential inheritance issues.
Additionally, a family law attorney can guide you through the process of formalizing your marriage if you decide to do so. This may involve obtaining a marriage license and completing any necessary paperwork to ensure your marriage is legally recognized in Indiana.
Explore Your Options: Arbitration and Lawsuits
You may want to see also
Frequently asked questions
Indiana abolished common-law marriage on January 1, 1958. Now, to be considered married in Indiana, a couple must obtain a marriage license.
To apply for a marriage license in Indiana, both partners must appear in person at the Clerk's Office in an Indiana county where one of you resides. The marriage license fee is $25.00 if one or both parties are Indiana residents and $65.00 for out-of-state residents.
You will need to bring one of the following forms of identification to prove your date of birth: a certified copy of your birth certificate, a copy of your birth record, or a certification of birth issued by the state department of health or similar public office. If you were previously married, you will also need to provide the date your marriage ended and, in some counties, a certified copy of the divorce decree.
