Kara Sears
Tennessee is not a common-law marriage state, meaning that it does not recognise common-law marriages formed within its own state. A common-law marriage is one in which a couple presents as married without registering their relationship with the state. However, Tennessee does abide by 'comity', meaning that it will recognise common-law marriages that were lawfully entered into in another state.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriages | Tennessee does not recognize common-law marriages formed within its own state. |
| Recognition of out-of-state common-law marriages | Tennessee recognizes common-law marriages formed in a state where they are legal. |
| Divorce procedures for out-of-state common-law marriages | The same as for conventional marriages, with additional evidence required to prove the validity of the marriage. |
| Requirements for marriage | A marriage license issued by a county clerk, a ceremony, and a signed license returned to the county clerk. |
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What You'll Learn
- Tennessee does not recognise common-law marriages formed within its own state
- Tennessee does recognise common-law marriages formed in other states
- Common-law marriages are formed by cohabitation, presenting as married, and intention to marry
- Common-law marriages have the same rights as formal marriages in Tennessee
- Divorce procedures for common-law marriages are more complicated
Tennessee does not recognise common-law marriages formed within its own state
In Tennessee, for a marriage to be legal, state law requires a valid marriage license issued by a county clerk and signed by a religious leader or other authorised person. This must then be filed with the state. Tennessee courts have consistently recognised that obtaining a marriage license is a requirement for a valid marriage. Tennessee has never developed a law under which people could establish themselves as a common-law married couple.
However, Tennessee does recognise common-law marriages formed in other states, as long as they were valid in the state of origin. This is known as "comity", which refers to the practice of one state honouring the judicial decisions of another state. For example, if a couple is common-law married in Utah and moves to Tennessee, their marriage would still be valid. However, if the couple moves from Utah before obtaining a common-law marriage, they could not obtain this in Tennessee.
If a spouse with a common-law marriage seeks a divorce in Tennessee, the validity of that marriage must first be determined. 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 this burden is not met, the case should be dismissed.
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Tennessee does recognise common-law marriages formed in other states
Tennessee is not a common-law marriage state, meaning that a couple cannot enter into a common-law marriage within the state. However, Tennessee does recognize common-law marriages that were validly formed in other states. This is known as "comity", where one state honours the judicial decisions of another.
A common-law marriage is one in which a couple presents as married without registering their relationship with the state. This type of marriage may be formed when a couple lives together for a certain period, presents themselves as a married couple to the community, and demonstrates the intention to be married. While Tennessee does not recognize common-law marriages formed within its borders, it will generally recognize such marriages if they were validly established in a state that allows them. For example, if a couple is common-law married in Utah and moves to Tennessee, their marriage would still be valid.
Recognition of out-of-state marriages, including common-law marriages, falls under the rule of comity between states for practical convenience and expediency. If a marriage is valid in the state where it was established, and a Tennessee court asserts jurisdiction, then the spouses may seek a divorce in Tennessee. In such cases, the couple is entitled to the same rights and responsibilities as formally married couples, including property rights, inheritance, and more.
It is important to note that the process of divorcing from a common-law marriage in Tennessee can be more complex. Since there is no official marriage certificate from a governmental authority, additional evidence and testimony will be required to prove the validity of the marriage. The spouse who filed for divorce bears the burden of proving the existence of a valid common-law marriage. If this burden is not met with sufficient evidence, then the case should be dismissed, as there are no bonds of matrimony for the court to dissolve.
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Common-law marriages are formed by cohabitation, presenting as married, and intention to marry
Tennessee does not recognise common-law marriages formed within its own state. However, it does recognise common-law marriages formed in a state where they are legal. In other words, if a couple has established a common-law marriage in another state, Tennessee will honour that marriage.
In a common-law marriage, a couple presents as married without registering their relationship with the state. They are also called "marriage without formalities" or "informal marriage". For a marriage to be legal in Tennessee, state law requires a valid marriage license issued by a county clerk, signed by a religious leader or other authorised person, and filed with the state.
If a spouse with a common-law marriage seeks a divorce in Tennessee, the validity of that marriage must first be determined. Because there is no official certificate from a government authority, additional evidence and testimony are needed to prove the validity of the marriage. The burden of proof falls on the spouse who filed for divorce. If the marriage is deemed valid, the divorce proceedings continue as with any other divorce.
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Common-law marriages have the same rights as formal marriages in Tennessee
Tennessee does not recognize common-law marriages formed within its own state. However, it does recognize common-law marriages formed in a state where they are legal. Common-law marriages are valid in states like Colorado, Washington D.C., Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah.
If a couple has established a common-law marriage in another state, and then moves to Tennessee, the state will generally recognize their marriage as valid. In such cases, these couples are entitled to the same rights and responsibilities as formally married couples, including property rights, inheritance, and more.
In Tennessee, a common-law marriage is one in which the couple presents as married without actually registering their relationship with the state. It is also called a "marriage without formalities" or an "informal marriage." For a marriage to be legal in Tennessee, state law requires a valid marriage license issued by a county clerk, signed by a religious leader or other authorized person, and filed with the state.
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 divorce complaint, additional evidence and testimony will be needed to prove the common-law marriage is valid. The spouse 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.
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Divorce procedures for common-law marriages are more complicated
Tennessee does not recognise common-law marriages formed within its own state. However, it does recognise common-law marriages formed in a state where they are legal. This is known as "comity", where one state honours the judicial decisions of another state. For example, if a couple is common-law married in Utah and moves to Tennessee, their marriage would still be valid.
If the common-law marriage is proven to be valid, the dissolution proceedings continue as with any other divorce. This includes dividing property, awarding alimony, determining child custody, and calculating child support. It is important to consult with legal professionals and experts in family law to navigate these complex matters.
To avoid a complex and costly legal process, couples in a common-law marriage should consider creating a cohabitation agreement that outlines the division of assets and property rights in the event of a separation.
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Frequently asked questions
A common-law marriage is one in which a couple presents as married without registering their relationship with the state. It is also called a de facto or informal marriage.
No, Tennessee is not a common-law marriage state. However, it does recognise common-law marriages obtained in another state, as long as it was legal in the originating state.
The requirements for a common-law marriage vary by state, but often include cohabitation, presenting as a married couple, and having the capacity to marry.
The process for divorce in a common-law marriage in Tennessee is the same as for a conventional marriage. However, additional proofs, such as evidence and testimony, are required to prove the validity of the common-law marriage.
No, there are no specific benefits to a common-law marriage in Tennessee. Common-law marriages in Tennessee have the same rights and responsibilities as conventional marriages, including property rights, inheritance, and more.
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