Anaya Nolan
Common law marriage is a type of legal marriage that does not require a wedding ceremony or a marriage license. Iowa is one of the few American states that recognize common law marriage. However, there are specific requirements that must be met for a common law marriage to be considered valid in Iowa. These include intent and agreement to be married, continuous cohabitation, and a public declaration of the marriage. While there is no set time requirement for cohabitation, it is generally expected that the couple lives together without interruption for the majority of the time. It is important to note that merely living together or having children together does not establish a common law marriage. The existence of a common law marriage is determined by the legal system, and it can be challenging to prove. Once a common law marriage is established, it continues until there is a divorce or death.
| Characteristics | Values |
|---|---|
| Number of requirements | 3 |
| Requirement 1 | Intent and agreement to be married |
| Requirement 2 | Continuous cohabitation |
| Requirement 3 | Public declaration and holding out to the community that the parties are married |
| Evidence of requirement 3 | Using the same last name, designating each other as beneficiaries on insurance policies, giving each other wedding bands and wearing them publicly |
| Recognition | Iowa is one of the handful of American states that allow common-law marriage |
| Marriage certificate | A marriage certificate is issued by the State of Iowa when a person has a "regular" marriage |
| Divorce | A common-law marriage continues to exist until there is a divorce by the Court |
| Death | If a couple stays together until death, and their property is in joint tenancy to protect the survivor, then in common-law marriage states, two unmarried people may gain certain advantages of being married or of being single |
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What You'll Learn
Common law marriage definition
Common-law marriage is a type of legal marriage that does not require a wedding ceremony or a marriage license. Only a handful of American states, including Iowa, recognize common-law marriage.
In Iowa, there are three requirements for a couple to be considered married under common law:
- Intent and agreement to be married: Both parties must intend and agree to be married. This can be tricky to establish, as it is based on the couple's subjective understanding of their relationship.
- Continuous cohabitation: The couple must live together without interruption and have a romantic and sexual relationship. There is no specific time requirement, but they should live together most of the time rather than just periodically.
- Public declaration: The couple must hold themselves out as married to the public. This can include behaviours such as using the same last name, designating each other as beneficiaries on insurance policies, giving each other wedding bands and wearing them in public, or signing documents as a married couple.
It is important to note that merely living together, using the same last name, or even having children together does not establish a common-law marriage. The couple must meet all three requirements, and it is the legal system, rather than the couple, that ultimately decides if a common-law marriage exists.
Once a common-law marriage is established, it continues until there is a divorce or death, similar to a ceremonial marriage. In the case of a divorce, the family courts in Iowa will divide assets and liabilities and make decisions about custody and visitation, just as they would for a ceremonial marriage.
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Requirements
Common law marriage in Iowa is a type of legal marriage that does not require a wedding ceremony or a marriage license. It is important to note that not all states in the US recognize common law marriages, and the requirements may vary across states.
There are three key requirements for a common law marriage to be considered valid in Iowa:
- Intent and Agreement to be Married: Both parties must intend and agree to be married. This can be tricky to establish, as it is based on the couple's mutual understanding and intentions rather than a formal ceremony or license. Both individuals must consider themselves married; if one person does not have the intention to be married, there is no common law marriage.
- Continuous Cohabitation: The couple must live together without interruption and have a romantic and sexual relationship. They should reside together most of the time, demonstrating a continuous cohabitation.
- Public Declaration: The couple must hold themselves out as married to the public. This can include behaviours such as using the same last name, designating each other as beneficiaries on insurance policies, exchanging and wearing wedding bands publicly, and any other actions that would be expected of a married couple.
It is important to note that merely living together, using the same last name, or even having children together does not automatically establish a common law marriage. The burden of proof lies with the petitioners to demonstrate that all three requirements are met.
While Iowa recognizes common law marriages, obtaining a marriage certificate provides clear evidence of a marriage, avoiding potential confusion and legal complications.
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Misconceptions
There are several misconceptions about common-law marriage in Iowa. Firstly, it is not accurate to refer to common-law marriage as "kind of married" or "informally married". Common-law marriage is a legally recognised type of marriage, and couples are either married or they are not.
Secondly, there is no set number of years of cohabitation that automatically creates a common-law marriage. While some couples may wonder if they are "automatically" common-law spouses after a long time together, merely living together, having children, or using the same last name is not enough to establish a common-law marriage.
Thirdly, while a marriage certificate is issued by the state of Iowa for a ceremonial marriage, it is not necessary for a common-law marriage. However, the lack of a marriage certificate can make it challenging to prove whether a common-law marriage exists.
Another misconception is that if both parties consider themselves married, then a common-law marriage exists. However, both parties must meet all the requirements, and it is the legal system that ultimately decides if there is a common-law marriage.
Finally, while common-law marriage is recognised in Iowa, some states do not recognise it. Therefore, if a couple plans to move away from Iowa, they should seek legal advice, as their common-law marriage may not be recognised in their new state.
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Court rulings
Iowa is one of the few remaining states that recognize common-law marriages. In Iowa, common-law marriages are considered to be as valid as marriages formalized through a religious or civil ceremony.
However, it can be difficult to prove that a common-law marriage exists, as there is no certificate or formal documentation to rely on. In court, spouses must present convincing evidence that their relationship fulfills the criteria of a marital union. This evidence can include affidavits, shared documents, and testimonies.
In Iowa, the determination of whether a common-law marriage exists is made by the legal system, specifically by a judge. The court can decide that a common-law marriage exists as part of resolving a legal dispute.
In one Iowa case, a couple who had divorced in 1990 lived together for the next 10 years. During this time, they treated themselves as married when it was convenient or beneficial and as single when that was advantageous. The court held that there was no marriage, as there was no mutual agreement to be married.
In another case, a couple signed an affidavit of common-law marriage to obtain a family health insurance policy. However, the court did not consider this sufficient evidence of a common-law marriage.
In a different case, a husband characterized the relationship as non-marital during divorce proceedings. The court considered the husband's behavior, including not correcting his wife when she introduced him as her husband and signing legal documents as her husband, and determined that there was an intent to be married.
The Iowa Administrative Code discusses common-law marriage in relation to certain tax credits under Iowa Code chapter 425 and state tax filing status under Iowa Code chapter 301.4.
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Differences to ceremonial marriage
There are two types of marriage in Iowa: ceremonial marriage and common-law marriage. A ceremonial marriage is the traditional path that most couples take, involving a marriage license, a formal ceremony, and an officiant such as a judge or minister.
A common-law marriage, on the other hand, is a type of legal marriage that does not require a wedding ceremony or a marriage license. It is formed by the consent of both parties and is considered a valid marriage with the same legal rights as a ceremonial marriage. However, it can be difficult to prove a common-law marriage, and there is a heavy burden on petitioners to demonstrate that one exists.
One of the primary differences between the two types of marriage is the presence or absence of a marriage certificate. In a ceremonial marriage, the state issues a marriage certificate, providing clear evidence of the marriage. In a common-law marriage, there is no such certificate, and the couple must prove their marriage through other means, such as demonstrating an intent and agreement to be married, continuous cohabitation, and a public declaration of their marital status.
Another difference lies in the process of establishing the marriage. In a ceremonial marriage, the couple follows a clear and standardized procedure, including obtaining a marriage license and participating in a formal ceremony. In contrast, a common-law marriage is formed through the mutual consent of the couple, without the need for any official procedures or documentation. This can sometimes lead to ambiguity, as intent can be tricky to establish, and courts may struggle to determine whether a common-law marriage exists, particularly if one party denies the intention to be married.
Additionally, the public perception of the couple's relationship may differ between the two types of marriage. In a ceremonial marriage, the couple's marital status is typically clear and widely recognized, as they have participated in a formal ceremony and can provide a marriage certificate as proof. In a common-law marriage, the couple may need to actively demonstrate their marital status to others, such as by using the same last name, designating each other as beneficiaries on insurance policies, or wearing wedding bands.
Finally, the process of ending the marriage may also vary. In both types of marriage, the family courts in Iowa will divide assets and liabilities and make decisions about custody and visitation. However, the specific legal procedures for divorce or separation may differ, and the recognition of the marriage outside of Iowa may be uncertain, particularly if moving to a state that does not recognize common-law marriage.
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