Kara Sears
Common-law marriage is a legal relationship that forms between two individuals who live together, present themselves as a married couple, and meet specific criteria without obtaining a formal marriage license or ceremony. While common-law marriages are not recognized in Tennessee, the state will honor common-law marriages that were lawfully entered into in other states. In the case of a divorce, the validity of the common-law marriage must first be determined, and the spouse filing for divorce must provide additional evidence and testimony to prove the existence of the marriage.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage in Tennessee | No, Tennessee does not recognize common-law marriages. However, if a couple has established a common-law marriage in a state that allows it and then moves to Tennessee, their marriage will be honored. |
| Requirements for common-law marriage | Requirements vary by state but often include living together, presenting as a married couple to the community, and demonstrating the intention to be married. |
| Divorce procedures for common-law marriages in Tennessee | There is no special divorce procedure for common-law marriages. The spouse filing for divorce must provide additional evidence and testimony to prove the validity of the marriage. If the marriage is deemed valid, the regular divorce requirements, such as residency and waiting periods, will apply. |
| Benefits of common-law marriage | In some states, common-law marriages have the same rights as traditional marriages, including spousal privilege, partner benefits, and joint tax filings. |
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What You'll Learn
Common law marriage is not recognised in Tennessee
Common law marriage, also known as a de facto or informal marriage, is a legal relationship between two individuals who live together, present themselves as a married couple, and meet specific criteria without obtaining a formal marriage license or ceremony. While common law marriage is recognized in a handful of states, Tennessee is not one of them.
In Tennessee, a marriage is only considered legal if the couple has obtained a valid marriage license issued by a county clerk and has participated in a ceremony solemnized by an authorized person such as a spiritual leader or mayor. The signed license is then returned to the county clerk and recorded as an official record. This centralized process ensures that couples can obtain government-certified vital records of their marriage.
Although Tennessee does not recognize common law marriages established within the state, it will honor a common law marriage that was lawfully entered into in another state. This recognition is based on the rule of comity, which allows for the practical convenience and expediency of recognizing out-of-state marriages. However, it is important to note that each state has its own requirements for establishing a common law marriage, and simply cohabiting and claiming to be married is generally not sufficient.
If a couple with a common law marriage recognized by another state moves to Tennessee and wishes to dissolve their marriage, they must go through a similar process as a traditional divorce. The spouse filing for divorce must first provide evidence and testimony to prove the validity of the common law marriage. If the court determines that the marriage is valid, it will proceed with the dissolution, including property division, alimony, child custody, and support calculations.
While common law marriage is not recognized in Tennessee for in-state residents, the state does provide a framework for recognizing out-of-state common law marriages and handling their dissolution. It is always advisable to consult with legal professionals for guidance on specific circumstances.
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Tennessee will honour a common law marriage from another state
Tennessee is not a common-law marriage state. This means that cohabiting for years in Tennessee while claiming to be married does not, without more, form a valid marriage contract. However, this does not mean that a lawful common-law marriage established in another state would not be recognised in Tennessee. Tennessee will generally recognise a common-law marriage as valid if it was validly formed in one of the states that recognise it.
A common-law marriage is a legal relationship that forms between two individuals who live together, present themselves as a married couple, and meet specific criteria without obtaining a formal marriage license or ceremony. At one point in time, the majority of the states in the United States allowed common-law marriages. However, most states have abolished the practice. There are some Native American tribes and a handful of states that still formally recognise common-law marriages.
Recognition of valid out-of-state marriages, including common-law marriages, falls under the rule of comity between sister states for purposes of practical convenience and expediency. If a marriage is valid in the sister state where it was established and the Tennessee court asserts jurisdiction, then the spouses may seek a divorce in Tennessee.
When a spouse with a common-law marriage seeks a divorce in Tennessee, the validity of that marriage must be determined first. Because there is no official certificate from a governmental authority to file with the complaint for divorce, additional evidence and testimony will be needed to prove the common-law marriage is valid. The party who filed the complaint for divorce has the burden of proving the existence of a valid common-law marriage. If that burden is not met with evidence, then the case should be dismissed because there are no bonds of matrimony for the court to dissolve. When the burden of proving the marriage is met, the State of Tennessee will recognise the marriage.
If the common-law marriage was lawfully entered into, based upon a Tennessee judge’s interpretation of the sister state’s marriage law, then the dissolution proceedings continue as with any other divorce. That is, property is divided, alimony is awarded, child custody is determined, and child support is calculated.
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Divorce procedures for common law marriages in Tennessee
Tennessee is not a common-law marriage state and has never been one. However, the state does recognize common law marriages that were lawfully entered into in other states. If a couple with a common law marriage moves to Tennessee from a state that recognizes such marriages, their marriage will be considered valid in Tennessee.
If a couple wishes to divorce in Tennessee, they must first establish the validity of their common-law marriage in a court of law. This involves presenting evidence of cohabitation, intention to live as a married couple, and public presentation as a married couple. The burden of proof falls on the spouse who has filed the complaint for divorce. If the marriage is not proven to be valid, the case will be dismissed.
Once the marriage is validated, the divorce process can begin with the submission of a formal petition to the court, outlining the reasons for the divorce and any other issues that need to be addressed, such as property division, alimony, and child custody. Tennessee does not have a waiting period for divorce, but if there are minor children involved, a divorce cannot be granted for at least 90 days after the complaint is filed.
During the divorce process, assets and liabilities must be distributed equitably, which may involve evaluating jointly held properties, shared debts, and other financial elements. Both parties can agree upon a division, or if an agreement cannot be reached, the court will decide on their behalf. Tennessee divorce procedures can be complicated, and consulting legal professionals can provide guidance in navigating these complex matters.
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What constitutes a valid common law marriage?
Tennessee does not recognise common-law marriages. However, if a couple has established a common-law marriage in a state that does recognise it, Tennessee will honour that marriage.
Common-law marriage is a legal relationship that forms between two individuals who live together, present themselves as a married couple, and meet specific criteria without obtaining a formal marriage license or ceremony. In the past, most US states allowed common-law marriages, but now only a few do. Each state has its own set of requirements for establishing a common-law marriage, but they often include living together for a certain period, presenting themselves as a married couple to the community, and demonstrating the intention to be married.
If a couple with a common-law marriage wishes to divorce in Tennessee, they must first prove that their marriage is valid. Because there is no official marriage certificate, additional evidence and testimony will be needed to prove the common-law marriage is valid. The spouse who filed for divorce has the burden of proving the existence of a valid common-law marriage. If they cannot provide sufficient evidence, the case will be dismissed as there are no bonds of matrimony for the court to dissolve. If the marriage is proven, the requirements for divorce, such as residency and waiting periods, will apply, and the courts will determine the division of property, alimony, child support, custody, and visitation.
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Benefits and detriments of common law marriage
In the state of Tennessee, the concept of a "common law spouse" is not legally recognized. Unlike some other states, Tennessee does not allow unmarried couples living together for a lengthy period of time to acquire the same legal rights and benefits as traditionally married spouses. Therefore, there is no such thing as a common law marriage in Tennessee. However, this doesn't mean that unmarried couples in Tennessee have no legal protections or benefits. There are still ways for unmarried couples to establish certain rights and benefits, but it requires explicit legal action, such as entering into specific types of contracts or agreements.
Now, let's discuss the benefits and detriments of common law marriage in a state where it is recognized:
Benefits:
Financial Benefits: Common law spouses may have access to similar financial benefits as traditionally married couples, such as shared bank accounts, joint tax filings, and eligibility for each other's employee benefits like healthcare insurance or retirement plans.
Property Rights: In the event of a separation or the death of one partner, common law spouses may have more rights to each other's property and assets. This can include inheritance rights and the ability to make decisions about medical care or end-of-life issues.
Legal Protections: Common law marriage provides a level of legal recognition and protection to couples who may otherwise face challenges in proving their relationship. This recognition can be crucial in areas like child custody and support, where unmarried parents may have fewer rights and protections.
Detriments:
Complexity and Proof: One of the main challenges of common law marriage is proving its existence, especially if the couple has separated or one partner has died. Since there is usually no official record of a common law marriage, couples may need to provide extensive evidence to demonstrate their union, including proof of cohabitation, joint finances, and public recognition of the relationship as a marriage.
Limited Recognition: Common law marriage is not recognized in all states, which can create complications if the couple moves to a different state. Even within states that recognize common law marriage, certain institutions or agencies may not be fully aware of the laws surrounding it, leading to potential challenges and confusion.
Impact on Other Relationships: Entering into a common law marriage can have unintended consequences on other relationships. For example, it could impact alimony or child support obligations from a previous marriage, or it may affect the rights of other family members, such as parents or siblings, in inheritance or property matters.
In conclusion, while common law marriage offers certain benefits to unmarried couples, it also presents potential drawbacks and complexities. It is important for couples considering relying on common law marriage to understand their state's specific laws and to carefully weigh the advantages and disadvantages before making any assumptions about their legal rights and protections. Consulting with a family law attorney in their state can help couples navigate these complexities and make informed decisions.
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Frequently asked questions
No, Tennessee does not recognise common law marriage. Common law marriage is a legal relationship that forms between two individuals who live together, present themselves as a married couple, and meet specific criteria without obtaining a formal marriage license or ceremony.
Tennessee does not grant any rights to couples in a common law marriage. However, the state will recognise a common law marriage that was lawfully entered into in another state.
The spouse filing the complaint for divorce must first prove the existence of a valid common law marriage through additional evidence and testimony. If the marriage is proven, the requirements for divorce, such as residency and waiting periods, will apply, and the courts will determine the division of property, alimony, child support, custody, and visitation.
Couples may opt for a common law marriage due to religious objections to current marriage laws, or because they are content to live together as though married without undergoing official marriage processes.
