Gavin Howe
Common-law marriage, also known as marriage without formalities or informal marriage, is a valid and legal way for a couple to marry in certain states. Delaware, however, is not one of them. While Delaware does recognize common-law marriages from other states, it does not have any specific palimony laws. This means that couples living together in Delaware for a period of two years would not share assets or be legally entitled to a share of each other's property.
| Characteristics | Values |
|---|---|
| Does Delaware recognize common-law marriage? | No, but it will recognize a common-law marriage from another state. |
| What are common-law marriages? | Common-law marriages, also known as marriages without formalities or informal marriages, are a valid and legal way for a couple to marry without a license. |
| Which states recognize common-law marriages? | Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah, the District of Columbia, Alabama, Pennsylvania (before 9/2003), Ohio (before 10/1991), Idaho (before 1996), and Georgia (before 1997). |
| What are the requirements for a common-law marriage? | The requirements vary by state, but they generally include living together for a certain period of time. |
| Does Delaware have any palimony laws? | No specific palimony laws exist in Delaware, but courts have used contract law to help a spouse promised lifetime support. |
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What You'll Learn
Delaware recognizes common-law marriages from other states
Delaware does not recognize common-law marriages within the state. However, it does recognize common-law marriages from other states. This means that if a couple became a common-law marriage in a state that recognizes this type of union and then moved to Delaware, their marriage would be recognized in Delaware.
Common-law marriage, also known as marriage without formalities or informal marriage, is a valid and legal way for a couple to marry in certain states. While the specific requirements vary by state, common-law marriages typically involve couples living together for a certain period of time and holding themselves out as a married couple to their community.
The following states recognize common-law marriages:
- Colorado
- Iowa
- Kansas
- Montana
- New Hampshire
- Oklahoma
- Rhode Island
- South Carolina
- Texas
- Utah
- District of Columbia
- Alabama
- Pennsylvania (if entered before September 2003)
- Ohio (if entered before October 1991)
- Idaho (if entered before 1996)
- Georgia (if entered before 1997)
It is important to note that even in states that recognize common-law marriages, there may be specific nuances or restrictions. For example, in Oklahoma, there are conflicting laws, and in New Hampshire, common-law marriages are only recognized for inheritance purposes.
In states that recognize common-law marriages, couples may need to meet certain requirements to gain marital status. These requirements often include living together for a specified amount of time, which varies by state. Additionally, in some states, couples who choose not to declare their common-law marriage may need to provide documents such as lease agreements, tax returns, and insurance policies to "prove" their marriage in the event of a dispute.
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No common-law marriage rights in Delaware
Common-law marriage is a valid and legal way for a couple to marry in certain states, including Texas, Colorado, Iowa, Kansas, and Montana. However, common-law marriages are not recognized in Delaware. This means that couples living together in Delaware, even for an extended period, do not share assets or legal rights to each other's possessions unless there was a clear promise or contract granting such rights.
While Delaware does not recognize common-law marriages originating within the state, it will acknowledge a common-law marriage that was established in another state that does recognize this form of matrimony. For example, if a couple became legally recognized as common-law spouses in Texas and then moved to Delaware, their marriage would still be valid.
It is important to note that, in general, common-law marriages are not automatically granted the same rights as traditional marriages. In states where common-law marriages are recognized, couples may need to take additional steps, such as filing a declaration or providing certain documents, to prove their marriage and access the associated rights and protections.
Delaware's lack of recognition of common-law marriages means that couples residing in the state who wish to marry and receive the legal benefits of marriage must do so through the traditional marriage process, which includes obtaining a marriage license and undergoing a marriage ceremony.
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Delaware marriage requirements
In the state of Delaware, couples wishing to marry must first apply for a marriage license at any clerk of the peace office. The marriage license costs $50 to $70 for residents and $100 to $120 for non-residents. There is no residency requirement in Delaware, and non-U.S. citizens are free to marry in the state. However, if applicants were previously married, they must provide an original or certified copy of the divorce decree, annulment, dissolution, or death certificate from their most recent marriage. All documents must be in English or accompanied by a certified translation.
Both applicants must be at least 18 years old and cannot be related to each other. They cannot be under the influence of alcohol or drugs during the application process or the wedding ceremony. If either applicant is 17 years old, they may only obtain a marriage license with the consent of the Juvenile Court and must follow a 14-day waiting period. The 17-year-old may not marry an individual more than four years older than them.
Couples are encouraged to ensure that the person performing their wedding ceremony is authorized to do so. Two credible witnesses aged 18 or older must be present at the ceremony and sign the marriage license afterward. The marriage license is valid for 30 days, and the wedding ceremony must be scheduled within this timeframe.
While Delaware does not recognize common-law marriage within the state, it will recognize a common-law marriage established in another state. This means that if a couple became a couple in a state that recognizes common-law marriage and then moved to Delaware, Delaware will acknowledge their common-law marriage.
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Common-law marriage in other states
Delaware does not permit common-law marriages. However, if a couple has a common-law marriage in another state, Delaware will recognize it. All states recognize common-law marriages if the couple was married in a common-law marriage state.
Common-law marriage, also known as sui juris marriage, informal marriage, or marriage by habit and repute, is a form of irregular marriage that only survives in a handful of states. These include Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage.
A common-law marriage is an informal marriage where couples do not have a marriage license, ceremony, or certificate. To be considered a common-law marriage, couples must meet the requirements in their state. For instance, in Texas, couples can file a legal "Declaration of Informal Marriage," which is a legally binding document. The form must be completed by both partners and sworn or affirmed in the presence of the County Clerk. Alternatively, couples can meet a three-prong test, showing evidence of the following:
- Agreement to be married
- Lived together as husband and wife within the state
- Held themselves out to the world as a married couple
Some states have abolished common-law marriage but still recognize them if they began before a certain date or for a specific purpose. These include Alabama, Florida, Georgia, Idaho, Indiana, Ohio, and Pennsylvania.
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Common-law marriage recognition in Texas
In the state of Texas, a common-law marriage, also known as a marriage without formalities or an informal marriage, is a valid and legal way for a couple to marry. To be considered legally married under Texas common law, couples must meet specific criteria that hinge on age, relationship status, and mutual agreement.
Firstly, both parties must be at least 18 years old, with no exceptions. Official documents such as a driver's license, birth certificate, or government-issued IDs may be necessary to confirm the age. Secondly, neither party must be married to another person, even if they are in the process of divorcing their previous spouse. Lastly, there must be evidence establishing a present, immediate, and permanent intention to have a marital relationship. Spoken words can fulfill this requirement, but actions and conduct are also examined, such as introducing each other as spouses, wearing rings on ring fingers, or signing credit applications as a married couple.
Couples can register their common-law marriage by filing a declaration with the county clerk, which is known as a Declaration of Informal Marriage in Texas. This declaration formalizes the common-law marriage and confers legal benefits, including the same rights and protections as those of couples who have undergone a formal marriage ceremony. 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.
It is important to note that a common-law marriage in Texas does not end if the couple physically separates. However, even when a couple satisfies all the requirements of a common-law marriage, they may still not be permitted to file for divorce. There is a rebuttable presumption that no marriage exists unless a suit is commenced to prove the marriage before the second anniversary of the parties' separation.
Texas officially acknowledges same-sex common-law marriages, following the landmark 2015 U.S. Supreme Court decision in Obergefell v. Hodges, which legalized same-sex marriage.
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Frequently asked questions
No, common-law marriage is not recognized in Delaware. However, if a couple became joined in common-law marriage in a state that recognizes it, and then moved to Delaware, Delaware would recognize that marriage.
The following states recognize common-law marriage: Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah, Ohio (if entered before 1991), Idaho (if entered before 1996), Georgia (if entered before 1997), Pennsylvania (if entered before 2003), and the District of Columbia.
The requirements for a long-term relationship to qualify as a common-law marriage vary by state. However, they generally include living together for a certain amount of time.
No, in Delaware, couples living together for a period of two years would not share common assets or assume any legal rights to each other's possessions. However, courts have occasionally used contract law to help a spouse that was promised lifetime support.
