Gavin Howe
In the state of Massachusetts, common-law marriage is not recognized, meaning that a couple cannot acquire marital rights and responsibilities by living together for a particular period of time. However, Massachusetts does recognize common-law marriages created in other states, treating them as legitimate and providing the same rights and benefits as any other marriage in the state. To end a common-law marriage in Massachusetts, one must go through the divorce process.
| Characteristics | Values |
|---|---|
| Common law marriage recognized? | No, except for marriages from other states |
| Common law marriage definition | Two people are considered to be lawfully married by agreeing to live together and conduct themselves as husband and wife |
| Requirements | Holding yourselves out to be a married couple, using the same last name, filing joint tax returns, calling each other husband and wife in public |
| Criteria | Parties seriously intended to enter into the husband-wife relationship; the couple's conduct leads to a belief in the community that they were married |
| Divorce | Common law marriages need to go through the divorce process in Massachusetts |
| Domestic partnership | Couples can apply for domestic partnership if they reside together with mutual support, caring, and commitment, are 18 or over, and consider each other family |
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What You'll Learn
- Common law marriage in Massachusetts is not legal, except when it is
- Common law marriage requirements in other states
- Massachusetts' recognition of common law marriages from other states
- Divorce and inheritance cases involving common law marriages
- Domestic partnerships as an alternative to common law marriage
Common law marriage in Massachusetts is not legal, except when it is
Common law marriage is not recognised in Massachusetts. Couples who live together in the state cannot acquire marital rights and responsibilities simply by cohabiting for a particular period. In Massachusetts, a couple must obtain a marriage license, have a ceremony with witnesses, sign a marriage certificate, and then file it with the county clerk or registrar of records.
However, Massachusetts does recognise common law marriages that were created in other states. The Full Faith and Credit Clause of the United States Constitution requires Massachusetts to acknowledge common law marriages that have happened in the eight states that allow them. Couples who have met the standards for common law marriage in one of these states before moving to Massachusetts will be treated as married by the state.
The criteria for a common-law marriage are:
- The parties seriously intended to enter into the husband-wife relationship
- The parties’ conduct is of such a character as to lead to a belief in the community that they were married
Couples interested in common law marriage in Massachusetts have two options: getting married or applying for domestic partnership. A domestic partnership can be useful for sharing healthcare coverage, hospital visitation rights, and other legal benefits associated with marriage. To be considered domestic partners, a couple must reside together with mutual support, caring, and commitment, be 18 or over, and consider each other family.
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Common law marriage requirements in other states
While Massachusetts does not allow marriages to be formed by common law, common law marriages from other states impact Massachusetts law in the realm of divorce and inheritance.
Common law marriage is a process by which couples are considered lawfully married without obtaining a marriage license or participating in a marriage ceremony. Instead, couples who live together and conduct themselves as a married couple may be considered legally married after meeting certain requirements. These requirements vary depending on the state, and only about ten states unequivocally allow for common-law marriages.
For example, in Texas, couples can register their informal marriage by filing a declaration with the county clerk. Texas law also states that if a couple separates, and they do not start a proceeding to terminate their common-law marriage within two years, the law will consider that they were not in a common-law marriage. In Utah, couples must file a petition for an "unsolemnized marriage" while they are still together or within one year of splitting up. Additionally, Utah only recognizes common-law marriages that have been validated in a judicial proceeding.
New Hampshire recognizes common-law marriage for inheritance purposes only, while Rhode Island acknowledges it through case law but not by statute. In states like Alabama, Georgia, Idaho, Ohio, and Pennsylvania, common-law marriage rights are limited to those who met the legal test before a certain date.
It is important to note that the criteria for common-law marriage generally include the intention to enter into a husband-wife relationship and conducting oneself in a way that leads the community to believe they are married, such as using the same last name, filing joint tax returns, or referring to each other as husband and wife in public.
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Massachusetts' recognition of common law marriages from other states
In Massachusetts, common law marriage is not legal. However, the state does recognize common law marriages originating in other states. This means that if a couple lived in a state that recognizes common law marriage and then moved to Massachusetts, their marriage would be recognized in Massachusetts.
The Full Faith and Credit Clause of the United States Constitution requires Massachusetts to acknowledge common law marriages that have occurred in the eight states that allow them. Massachusetts must treat these marriages as legally binding, just like any other marriage. This means that if a couple with a common law marriage from another state wishes to divorce in Massachusetts, they must go through the same divorce process as any other married couple.
The criteria for a common-law marriage are generally that:
- The couple intends to enter into a husband-wife relationship;
- The couple's conduct leads the community to believe they are married (e.g., using the same last name, filing joint tax returns).
However, proving a common law marriage to a Massachusetts judge can be challenging, as the legal standards and issues of proof involved in these cases may be unfamiliar to them.
It is important to note that each state has unique rules regarding common law marriage, and the extent to which common law marriage rights are recognized can vary. For example, in New Hampshire, common law marriage is only recognized in the context of inheritance. In Rhode Island, it is recognized by case law but not by statute.
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Divorce and inheritance cases involving common law marriages
In Massachusetts, while the concept of common law marriages is not recognized, certain provisions and legal principles may come into play when dealing with divorce and inheritance cases involving unmarried couples who have lived together in a long-term, marriage-like relationship. Here's an overview of how these cases might be handled:
Divorce-like Proceedings for Unmarried Couples:
Even though Massachusetts doesn't recognize common law marriages, the courts may provide some legal protections to unmarried couples who have cohabited and held themselves out as a married couple. When such couples separate, they may require assistance in untangling their financial lives and dividing their assets. In these instances, the courts may treat the separation as a divorce-like proceeding, providing a framework for dividing assets and resolving financial issues. This can include matters such as division of property, allocation of debts, and, in some cases, even spousal support or alimony-like payments. The specifics will depend on the individual circumstances and the contributions of each party to the relationship.
Inheritance and Estate Planning:
In Massachusetts, inheritance laws typically favor spouses and blood relatives. Since common law marriages are not recognized, an unmarried partner generally has no automatic right to inherit their deceased partner's property, regardless of the length of their relationship. However, there are legal avenues that can help protect unmarried couples in this situation. For example, estate planning tools such as wills, trusts, and beneficiary designations can ensure that an unmarried partner is provided for after the death of their loved one. Additionally, the concept of "palimony" may come into play, which is similar to alimony in a divorce context but applies to unmarried couples who have cohabited and shared financial lives.
Contractual Agreements:
Cohabitation agreements, also known as domestic partnership agreements, are contracts between unmarried couples that outline their rights and responsibilities during their relationship and in the event of a separation. These agreements can cover various matters, including property ownership, financial support, and even day-to-day living arrangements. In Massachusetts, these agreements can be crucial in establishing the rights of each partner in a common law marriage-like relationship, especially when it comes to divorce-like proceedings or inheritance matters. The agreement can specify how assets will be divided, whether any financial support will be provided, and how any shared debts will be allocated.
Impact on Child Custody and Support:
When children are involved in a common law marriage-like relationship, the situation can become more complex. In Massachusetts, the courts will always prioritize the best interests of the child when making custody and support decisions. If the parents are unmarried but have lived together and shared a parenting role, the court may treat the case similarly to a traditional divorce, considering factors such as the child's primary caregiver and the level of involvement of each parent. Child support calculations may also be similar to those in a divorce, taking into account each parent's income, custody arrangement, and the child's needs.
It's important to note that each case is unique, and the outcome will depend on the specific circumstances of the couple and their family. While Massachusetts doesn't provide the automatic legal protections of common law marriage, there are still legal avenues to protect the rights and interests of unmarried couples and their children. Consulting with an experienced family law attorney in Massachusetts is crucial to understanding your rights and navigating these complex legal matters.
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Domestic partnerships as an alternative to common law marriage
In Massachusetts, common-law marriage is not available under state law. However, under the Full Faith and Credit Clause of the United States Constitution, Massachusetts must recognize common-law marriages that occurred in other states as legitimate and treat them as full-fledged, legally binding marriages.
Domestic partnerships are a legal alternative to common-law marriage for couples who live together but do not wish to marry. Domestic partnerships can be a great option for couples who want the benefits of marriage without actually getting married. They are very similar to marriages and provide some legal benefits that married couples enjoy, such as health insurance benefits. However, it is important to note that domestic partners are not considered family, and therefore, unlike married couples, they will not inherit their partner's assets in the event of death.
To make a domestic partnership official in Massachusetts, couples must register with their city or town clerk's office and meet certain requirements. These include being at least 18 years old, not related by blood, unmarried, and mentally capable of entering into a contract. They must also declare that they are each other's only domestic partner, share living expenses, and are responsible for each other's well-being.
The process of terminating a domestic partnership in Massachusetts is different from divorce and can be more straightforward. It can be done by filling out a domestic partner termination form, which can be obtained from the town or city clerk. The termination statement must be signed by the domestic partner in front of a notary public and mailed to the other partner. The termination is effective seven days after the town or city clerk receives the statement.
In conclusion, while Massachusetts does not recognize common-law marriage formed within the state, it does honor those formed in other states. For couples seeking the benefits of marriage without the need to wed, domestic partnerships offer a legal alternative. Domestic partnerships provide some legal benefits, but not all the rights that married couples are entitled to, and partners may face tax implications related to health insurance benefits.
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