Keith Mack
Iowa is one of the few states that recognizes common-law marriages. To prove the existence of a lawful common-law marriage in Iowa, there must be evidence of three requirements: a present intent and agreement to be married, continuous cohabitation, and a public declaration that the parties are spouses. While common-law spouses have the same rights as traditionally married couples, it can be difficult to prove that a common-law marriage exists, as there is no formal documentation.
| Characteristics | Values |
|---|---|
| Number of states recognizing common law marriage in the US | 8 |
| Number of requirements for a couple to be married by common law in Iowa | 3 |
| First requirement | There must be an agreement that the people are married |
| Second requirement | The couple must live together continuously as spouses |
| Third requirement | The couple needs to present themselves publicly as a married couple |
| Requirement for continuous cohabitation | There is no specific time for living together |
| Rights | Same as traditional marriages in the state of Iowa |
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What You'll Learn
Common law marriage requirements in Iowa
In Iowa, there are three requirements that must be met for a couple to be considered married by common law:
First, there must be an agreement that the people are married. Both parties must intend to be married for a common-law marriage to exist. If one person considers themselves married, but the other does not, there is no common-law marriage. The relationship must be romantic and sexual in nature, rather than based on friendship.
Second, the couple must live together continuously as spouses, without interruption or separation. There is no specific time requirement for how long couples have to live together, but they should do so the majority of the time rather than just periodically or occasionally.
Third, the couple must present themselves publicly as a married couple. This can be demonstrated by behaving as would be expected of any married couple, such as by using the same last name, designating each other as beneficiaries on insurance policies, giving each other wedding bands and wearing them in public, or filing taxes jointly.
It is important to note that simply living together for seven years does not automatically create a common-law marriage, and it can be difficult to prove whether a common-law marriage exists. If a common-law marriage is established, it continues to exist until there is a divorce by the Court, after which the family courts will divide assets and liabilities and make decisions about custody and visitation as with any other marriage.
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Rights and responsibilities of common law spouses
In Iowa, common-law marriage is recognised as one of two types of marriage—the other being the traditional form of marriage in front of a clergy, a judge, an ordained minister, etc. Common-law marriage is a relationship in which the couple did not follow the formal requirements to get married under Iowa Code chapter 595, but the relationship is still considered a marriage because it meets certain requirements.
To prove the existence of a lawful common-law marriage in Iowa, there are three requirements that must be met:
- There must be an agreement that the people are married. Both spouses must want to be married and agree that they are married.
- The couple must live together continuously as spouses. There is no specific time requirement for how long couples have to live together, but they should live together the majority of the time rather than just periodically.
- The couple needs to present themselves publicly as a married couple. This includes behaving in a manner that would be expected of any married couple, such as designating each other as beneficiaries on insurance policies and giving each other wedding bands and wearing them publicly.
Once a common-law marriage is established, it continues to exist until there is a divorce by the Court. Common-law spouses in Iowa enjoy the same rights as traditionally married couples, including property division and alimony, upon court recognition. In the case of a divorce, the court can decide who is responsible for paying debts, divide real estate and other property, and, in limited situations, award alimony.
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Common misconceptions about common law marriage
Iowa is one of the few states that recognize common-law marriages. However, there are several misconceptions about common-law marriages in Iowa. Here are some of the most common ones:
- Misconception: Living together for seven years automatically results in a common-law marriage: This is a common misunderstanding, but simply living together for a certain period does not establish a common-law marriage. While continuous cohabitation is a requirement, there must also be a deliberate choice and mutual agreement to be married, shared openly with the public. The couple must present themselves as a married couple to the public, behaving in a manner expected of any married couple.
- Misconception: Using the same last name establishes a common-law marriage: Sharing a last name is not a requirement for common-law marriage, nor does it automatically imply that one exists. While using the same last name can be considered evidence of presenting as a married couple to the public, it is not sufficient on its own. All three requirements—mutual agreement, continuous cohabitation, and public declaration—must be met.
- Misconception: Talking about getting married in the future creates a common-law marriage: Discussing future marriage plans or being unsure about marriage does not constitute a common-law marriage. Both parties must have a present intent and agreement to be married. If one person does not consider themselves married, there is no common-law marriage. The relationship must be romantic and marital in nature, going beyond a friendship.
- Misconception: Common-law marriage is easier to establish than a traditional marriage: While common-law marriage does not follow the formal requirements of traditional marriage, it is not necessarily easier to establish. Proving a common-law marriage can be challenging since it relies on substantial evidence of intent, cohabitation, and public declaration. The court decides if a common-law marriage exists, and it can be difficult to get that ruling without clear and convincing evidence.
- Misconception: Common-law marriage is not as valid as a traditional marriage: In Iowa, a common-law marriage is legally recognized and provides the same rights and responsibilities as a traditional marriage. Common-law spouses have the same legal rights upon court recognition, including property division, alimony, and child support. However, it is important to note that moving out of Iowa to a state that doesn't recognize common-law marriage may invalidate your marital status in that new state.
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Differences between common law and traditional marriage
In the United States, common-law marriages are legally recognised in some states, including Texas, but not in others, such as Iowa. Common-law marriages are distinct from traditional marriages in several ways.
Firstly, common-law marriages do not require a formal ceremony or a state-issued marriage license, whereas traditional marriages typically involve a formal ceremony and are recognised by a state-issued marriage license. Common-law marriages are established when a couple meets the criteria of agreement, cohabitation, and representation, whereas traditional marriages require a couple to follow the legal requirements for marriage, such as obtaining a marriage license and participating in a ceremony.
Secondly, traditional marriages are universally recognised across all states, whereas common-law marriages are not. Couples in a common-law marriage who move to a state that does not recognise such marriages may face legal challenges regarding their marital status.
Thirdly, in the event of a divorce, common-law marriages may face additional complexities in proving the existence of the marriage. This can impact the division of property, spousal support, and child custody arrangements. On the other hand, traditional marriages can be easily proven with a marriage certificate, simplifying the divorce process.
It is important to note that the specific requirements and implications of common-law marriages can vary across states, and it is always advisable to seek legal advice for clarification.
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Moving out of Iowa with a common law spouse
Iowa is one of the few states that recognizes common-law marriages. However, if you move out of Iowa to a state that doesn't recognize common-law marriage, your marital status in the new state may be invalidated.
To prove the existence of a lawful common-law marriage in Iowa, there must be:
- A present intent and agreement to be married by both individuals.
- Continuous cohabitation.
- A public declaration that the parties are married.
If you are moving out of Iowa with a common-law spouse, it is important to consider the following:
Legal Recognition of Your Marriage in the New State
As mentioned earlier, your common-law marriage may not be legally recognized in your new state. This could impact your rights and responsibilities, especially if you are planning to get divorced. It is crucial to consult with a family law attorney, especially one experienced in common-law marriages, to understand the specific laws and requirements of your new state.
Divorce and Separation
If you are considering separating from your common-law spouse, it is important to note that Iowa requires at least one spouse to reside in the state for a year to file for divorce, unless your spouse also lives in Iowa and can be served there. The divorce process can be complex, and it is recommended to seek legal advice to understand your rights and obligations, especially regarding property division, alimony, child custody, and support.
Impact on Children
If there are children involved, it is essential to consider their well-being and best interests. Moving to a new state may impact their living situation, proximity to the other spouse, and ability to remain in the same school or community. It is important to weigh these factors and consult with a family law attorney to understand your rights and obligations regarding child custody and support.
Financial Considerations
Moving out of Iowa with a common-law spouse may involve financial implications, such as additional living expenses, rent, and utility costs. It is important to consider the financial situation of both spouses and seek legal advice to understand your rights and obligations regarding spousal support, property division, and any other financial matters.
In conclusion, moving out of Iowa with a common-law spouse requires careful consideration of legal, practical, and financial factors. It is always recommended to seek personalized advice from a qualified attorney who can guide you through the specific circumstances of your situation.
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Frequently asked questions
Common law marriage is a relationship in which the couple did not follow the formal requirements to get married, but the relationship is still considered a marriage because it meets certain requirements.
There are three requirements for a couple to be married by common law in Iowa: an agreement that the people are married, the couple must live together continuously as spouses, and the couple needs to present themselves publicly as a married couple.
People in a common-law marriage have the same legal rights as those in a traditional marriage in the state of Iowa. This includes rights to the decedent's estate, as well as the same rights in a divorce.
It can be hard to prove whether a common-law marriage exists. A marriage certificate is issued by the State of Iowa when a couple has a "regular" marriage, but there is no certificate or formal legal document for a common-law marriage.
