Cecily Zamora
In the United States, common-law marriage is recognized in some states, but not in North Carolina. A common-law marriage is typically defined as a couple cohabiting and presenting themselves as husband and wife without obtaining a marriage license or holding a marriage ceremony. While North Carolina does not recognize common-law marriages, there are some exceptions where it may acknowledge a common-law marriage from another state. For instance, if a couple is recognized as common-law married in a state that permits it and then relocates to North Carolina, the state may recognize the union under the Full Faith and Credit Clause of the U.S. Constitution. However, in the event of a divorce, common-law married couples in North Carolina must go through the same legal process as couples with a marriage license.
| Characteristics | Values |
|---|---|
| Is common law marriage recognized in NC? | No |
| What is common law marriage? | Two individuals cohabiting as a couple, presenting themselves as husband and wife to the public, and telling friends and family that they are married by common law. |
| What are the requirements for common law marriage? | The requirements vary from state to state, but they typically include an agreement between the parties to be married and the public acknowledgment of the marriage. Some states also require a minimum age of 18 years and specify a minimum duration for cohabitation. |
| Does NC recognize common law marriages from other states? | Yes, if the couple engaged in cohabitation in a state that recognizes common law marriage and the marriage was recognized by that state. |
| What is the process for divorce in a common law marriage in NC? | The same as for couples with a marriage license. There is no such thing as common law divorce in the US. |
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What You'll Learn
Common-law marriage in North Carolina does not exist
In North Carolina, common-law marriage is not recognised. The state abolished common-law marriage in 1989. This means that simply living together as a couple, regardless of the length of time, does not create a legal marriage under North Carolina law.
To be legally recognised as married in North Carolina, couples must obtain a marriage license and have a ceremony officiated by a licensed official. This can be a magistrate, minister, or any other church official or individual who is legally ordained in North Carolina.
There is a common misconception that a couple is automatically considered legally married after living together for a certain number of years. However, this is not the case. While the concept of common-law marriage varies by state, and some states do not recognise it at all, it typically involves more than just cohabitation. The fundamental concept is that the parties agree to be married and present themselves as such to their friends, family, and the public.
That said, if a couple is considered legally married under common law in a state that recognises such marriages, and they subsequently relocate to North Carolina, their marriage will still be recognised by the state. This is due to the Full Faith and Credit Clause of the US Constitution, which requires North Carolina to honour the laws of other states.
In the event of a divorce, common-law married couples in North Carolina must go through the same legal process as couples with a marriage license. This includes physically separating and waiting at least one year before filing for divorce, as well as dealing with issues of property division, alimony, child support, and child custody.
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Requirements for common-law marriage in other states
North Carolina does not recognize common-law marriages. However, if a couple is common-law married in a state that recognizes such marriages and then moves to North Carolina, the state will recognize the marriage.
In the US, common-law marriage is recognized in only a handful of states. These include Alabama (if created before 1 January 2017), Colorado, Florida (if created before 1 January 1968), Georgia (if created before 1 January 1997), Iowa, Indiana (if created before 1 January 1958), Kansas, Montana, Ohio (if created before 10 October 1991), Oklahoma, Pennsylvania (if created before 1 January 2005), Rhode Island, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage.
The requirements for common-law marriage vary from state to state. However, the fundamental concept is that both parties agree to be married and present themselves as a married couple to friends, family, and the public. In some states, couples must file a legal "Declaration of Informal Marriage", which is a legally binding document. Both parties must be at least 18 years old. In most states, the couple must have lived together for a long period of time (at least one year in most states).
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Rights of common-law married couples in North Carolina
In North Carolina, common-law marriages are not recognized. To be legally married in the state, couples must obtain a marriage license and have a ceremony officiated by a licensed officiant. Simply living together as a couple, regardless of the length of time, does not create a legal marriage under North Carolina law.
However, if a couple is recognized as common-law married in a state that acknowledges such marriages and then relocates to North Carolina, their union will be acknowledged by the state. In this case, they would have the same rights as a married couple in North Carolina and would need to legally divorce before remarrying to avoid a bigamous second marriage.
While North Carolina does not recognize common-law marriages, couples who are cohabiting may still have legal rights and obligations related to property, debt, and other issues. It is recommended that these couples create a cohabitation agreement, a legal document outlining each person's rights and responsibilities in the relationship. This can help protect both parties in the event of a separation or other legal issues.
Additionally, under contract law, North Carolina courts will generally enforce contracts between cohabiting couples as long as they are not based on sexual services. For example, if one party promises to deed half of a shared house to the other in exchange for "fixing it up," a contract claim may be made.
It is important to note that, in the event of a separation, cohabiting couples in North Carolina must physically separate and wait at least one year before they can get divorced. Before the divorce is entered, issues of property division, alimony, child support, and child custody may need to be addressed.
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Divorce process for common-law married couples in North Carolina
In North Carolina, common-law marriage is not recognized, even if a couple claims they are married. However, if a couple is recognized as common-law married in a state that acknowledges such marriages and then moves to North Carolina, their union will be acknowledged by the state.
Despite this recognition, there is no such thing as a common-law divorce in the United States. As a result, common-law married couples seeking divorce in North Carolina must follow the same legal process as a couple with a marriage license. This means they must physically separate and wait at least a year before filing for divorce.
Grounds for Divorce
To file for divorce in North Carolina, one spouse must have lived in the state for at least six months before filing. North Carolina is a "no-fault state," meaning that neither spouse needs to prove fault to obtain a divorce. The two grounds for divorce are:
- Incurable insanity of one spouse.
- Living separate and apart for three consecutive years, including at the time the petition is filed.
Simplified Divorce
If the couple does not have children, and the spouse agrees with everything in the divorce papers, they can sign and return the documents, resulting in a "simplified divorce."
Contested Divorce
If the spouse disagrees with anything in the divorce papers, they can contest the divorce, leading to a series of court appearances to resolve the issues.
Division of Assets and Alimony
Assets and debts acquired during the marriage are generally classified as "marital property." A third category, called "divisible property," applies to property obtained between separation and divorce and may be divided between the parties depending on the circumstances.
Alimony, or spousal support, is determined by the judge based on factors such as the incomes, property, and debts of both parties, their ages and health, the length of the marriage, and marital misconduct.
Child Custody and Support
Child custody, child support, and other requests, such as alimony, can be included in a complaint requesting equitable distribution.
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Misconceptions about common-law marriage in North Carolina
There are several misconceptions about common-law marriage in North Carolina. Firstly, it is important to note that North Carolina does not recognize common-law marriage. This means that simply living together as a couple, regardless of the length of time, does not create a legal marriage under North Carolina law. The idea that a couple is automatically considered legally married after living together for a certain number of years is a common misconception, not just in North Carolina but in other states as well.
However, if a couple is recognized as common-law married in a state that does acknowledge common-law marriage and then relocates to North Carolina, the state will recognize the marriage. In such cases, the couple must have engaged in cohabitation in the state that recognizes common-law marriage.
Another misconception is that common-law marriage has something to do with the length of time a couple has been together. Although the specific requirements vary from state to state, the fundamental concept is that the parties agree to be married and they tell their friends, family, and the public that they are married.
In North Carolina, to be legally married, couples must obtain a marriage license and have a ceremony officiated by a licensed officiant. They must also physically separate and wait at least one year before they can get divorced. Before the divorce is entered, issues of property division, alimony, child support, and child custody are dealt with.
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Frequently asked questions
No, North Carolina does not recognize common-law marriage. To be legally married in North Carolina, couples must obtain a marriage license and have a ceremony officiated by a licensed official.
Under the Full Faith and Credit Clause of the Constitution, North Carolina will recognize a common-law marriage that was established in another state. However, the marriage must be recognized as valid in the state where it was established.
Common-law marriage is when a couple cohabits and presents themselves as husband and wife to the public without obtaining a marriage license or holding a marriage ceremony.
Common-law married couples enjoy the same legal and economic benefits as couples with a marriage license.
There is no such thing as common-law divorce in the United States. In the event of divorce, a common-law married couple must go through the same legal process as a couple with a marriage license.
