Kara Sears
Washington, D.C., is one of the few American jurisdictions that recognize common law marriages. This means that a couple can be considered married without a marriage license or ceremony, as long as they meet certain requirements, such as having the capacity and mutual intent to be married, and conducting themselves as a married couple in public. Notably, there is no minimum requirement for cohabitation, and common law marriages can be terminated by divorce or the death of one spouse. This type of marriage is also recognized in Texas, where couples can register their union by filing a declaration with the county clerk.
| Characteristics | Values |
|---|---|
| Recognition | Washington D.C. is one of a handful of American jurisdictions that recognize common-law marriages |
| Previous common-law marriage | If you entered into a common-law marriage while living elsewhere, you can later live in D.C. and have your marriage recognized in the courts |
| Mutual agreement | Both parties must share a "mutual and express agreement" to be married to each other |
| Current intention | The intention to be married must be "present" or current |
| Behavior | Couples must behave in a way that leads others to reasonably conclude that they are a married couple |
| Cohabitation | Couples must live together, although this does not automatically constitute a common-law marriage |
| Capacity | Both parties must be old enough to marry, not closely related, physically and mentally able to commit to marriage, and not already married |
| Proof | Evidence of a common-law marriage can be presented by one spouse over the objection of the other |
| Termination | A common-law marriage can be legally terminated by divorce or the death of one spouse |
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What You'll Learn
Common law marriage recognition in DC courts
Washington D.C. is one of a handful of American jurisdictions that recognize non-traditional or "common law" marriages. D.C. allows common-law marriages in two distinct ways. Firstly, if you entered into a common-law marriage while living elsewhere, you can later move to D.C. and have your marriage recognized in the courts. The Full Faith and Credit Clause of the United States Constitution requires all American states and the District of Columbia to recognize each other's marriages and give them full legal force and effect.
Secondly, common law marriages can be formed in D.C. itself. To establish a common law marriage in D.C., there are certain requirements that must be met. The couple must be able to prove that they have a "'mutual and express agreement" to be married to each other. They must explicitly intend to be married and promise to be spouses, and this intention must be "present". This requirement can be satisfied by expressing these intentions to each other, for example, by referring to each other as "husband", "wife", or "spouse". Alternatively, the couple can show their "habit or repute" to be married by behaving in a way that leads others to reasonably conclude that they are a married couple. For instance, filing taxes jointly or naming each other as survivors or beneficiaries in legal papers.
The couple must also cohabit, or live together. However, living together alone does not constitute a common-law marriage; the intention to be married must also be present. There is no specific length of time of cohabitation required to establish a common-law marriage in D.C. A common-law marriage in D.C. can be established by evidence presented by only one spouse, even over the objection of the other spouse. The burden of proof falls on the spouse asserting that the marriage exists, and this burden is heightened if there was a subsequent marriage to another individual.
It is important to note that an agreement to marry in the future, such as an engagement, is not sufficient to establish a common-law marriage in D.C. The couple must have the capacity to be married, meaning they must be old enough, not closely related, physically and mentally able to commit to marriage, and not already married to someone else. While it is not a requirement, couples can choose to register their common-law marriage by filing a declaration with the county clerk. If no such declaration is filed, and there is a dispute about the existence of a common-law marriage, it may be necessary to go to court to prove the marriage.
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Mutual agreement to be married
Washington D.C. is one of the few American jurisdictions that recognize non-traditional or "common law" marriages. A common law marriage is a valid marriage without the formalities of a ceremony or a marriage license.
To establish a common law marriage in D.C., you and your spouse must share a "'mutual and express agreement'" to be married. This means you must explicitly intend to be married and promise to be each other's spouses. This intention must be "present" or current, and cannot be a promise to marry in the future. You can express this intention verbally, by referring to each other as "husband," "wife," or "spouse," or by behaving in a way that leads others to reasonably conclude that you are a married couple. For example, filing your taxes jointly or naming each other as survivors or beneficiaries in legal papers.
It is important to note that simply living together is not enough to establish a common law marriage, and there is no specific length of time for cohabitation required. However, cohabitation, along with other factors, can be used as evidence to prove the existence of a common law marriage. The burden of proof falls on the spouse asserting the existence of the marriage, and this can be challenging, especially if the other spouse objects or if one of the spouses has entered into a subsequent marriage.
While it is not required, couples can register their common law marriage by filing a declaration with the county clerk, which may make it easier to prove the marriage in the future. If no such declaration was filed, other documents such as lease agreements, tax returns, and insurance policies may be requested to prove the marriage. In some cases, it may be necessary to go to court to establish the existence of a common law marriage.
In summary, a mutual agreement to be married is a crucial component of a common law marriage in Washington D.C. This agreement must be current and explicit, and it should be supported by actions and behaviours consistent with a marital relationship.
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Ability to be married
The ability to be married under common law in Washington, D.C. requires meeting certain criteria. Both parties must be able to enter into a marriage, meaning they are old enough, not closely related, and not already married to someone else.
To establish a common-law marriage, both parties must share a "mutual and express agreement" to be married. This means that both parties must explicitly intend to be married and refer to each other as "husband," "wife," or "spouse." This intent must be "present" or current, and cannot be a promise to marry in the future.
Additionally, the couple must live together and hold themselves out as a married couple in public. This means behaving in a way that leads others to reasonably conclude that they are married. Examples include filing taxes jointly, naming each other as beneficiaries in legal documents, or jointly purchasing property.
It is important to note that simply living together does not establish a common-law marriage. The couple must also intend to be married and act accordingly. The District of Columbia does not require a specific time period of cohabitation to establish a common-law marriage, and it can be terminated by divorce or the death of one of the spouses.
In the eyes of the law, there is no difference between a common-law marriage and a ceremonial marriage. A common-law marriage in D.C. can be established by evidence presented by only one spouse, even over the objection of the other spouse. However, the burden of proof lies with the spouse asserting the existence of the marriage.
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Behaviour consistent with intent to be married
Washington, D.C. is one of the few American jurisdictions that recognize non-traditional or "common law" marriages. To establish a common-law marriage in D.C., both partners must share a "mutual and express agreement" to be married, explicitly intending to be married in the present tense and promising to be each other's spouses.
Behaviour consistent with the intent to be married, or "habit or repute", means behaving in a way that leads others to reasonably conclude that you are a married couple. Here are some examples of behaviour that could be consistent with the intent to be married:
- Filing taxes jointly
- Naming each other as survivors or beneficiaries in legal documents
- Holding yourselves out or conducting yourselves in public as a married couple, such as being introduced as husband and wife without contradiction
- Signing documents together, such as a "congratulations" card with only your first names
- Receiving unsolicited mail addressed to you with your partner's last name
However, it is important to note that merely living together or agreeing to marry in the future is not sufficient to establish a common-law marriage in D.C. The court system in D.C. scrutinizes common-law marriages to prevent any "accidental" marriages.
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Terminating a common law marriage
Washington, D.C. is one of a handful of American jurisdictions that recognize non-traditional or "common law" marriages. To form a common-law marriage in D.C., parties must have an express, mutual agreement in the present tense to be permanent partners with the same degree of commitment as spouses in a ceremonial marriage, followed by cohabitation.
If you want to terminate a common-law marriage in D.C., you must go through a divorce, just like couples who had a ceremonial marriage. In a common-law marriage divorce case, parties can seek any and all relief that is available in a ceremonial marriage divorce case, including but not limited to, equitable distribution of property, spousal support/alimony, child support, child custody, and visitation.
It is important to note that the burden of proof for the existence of a common-law marriage falls on the spouse asserting it exists. In cases where there is an alleged common-law marriage followed by a subsequent marriage to another individual, the proponent of the prior marriage must prove its existence by clear and convincing evidence.
If you have questions about common-law marriage or are seeking legal advice regarding separation and divorce, it is recommended to consult with an attorney trained in this area, such as the one provided in the sources: Lynette at 301-841-0193 or [email protected].
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Frequently asked questions
A common-law marriage is a marriage without the formalities, i.e. a marriage license or wedding. Common-law marriages are considered no different from ceremonial marriages in the eyes of the law.
To enter into a common-law marriage in DC, you must share a mutual and express agreement with your spouse to be married. This agreement must be current, and you must cohabit. You can express this intention by referring to each other as "husband", "wife", or "spouse". You can also satisfy this requirement by behaving in a way that leads others to reasonably conclude that you are a married couple, such as filing taxes jointly.
While it is not a requirement, couples can register their common-law marriage by filing a declaration with the county clerk. For couples that choose not to declare their common-law marriage, documents such as lease agreements, tax returns, and insurance policies may be requested to prove the marriage in the case of a dispute.
