Keith Mack
Massachusetts abolished common-law marriage during the colonial period, even before it was abolished in England and Wales. Common-law marriage is not recognised in Massachusetts, and a couple residing in the state will not be considered spouses without a marriage certificate. However, Massachusetts must acknowledge common-law marriages that have happened in other states that allow them, and the state must treat these marriages like a full-fledged, legally binding marriage.
| Characteristics | Values |
|---|---|
| Common law marriage recognized in Massachusetts? | No, except when it involves a couple who were considered married by it in another state. |
| Common law marriage in other states recognized in Massachusetts? | Yes, under the Full Faith and Credit Clause of the United States Constitution. |
| Criteria for a common-law marriage | 1. Parties seriously intended to enter into the husband-wife relationship. 2. Parties' conduct is of such a character as to lead to a belief in the community that they were married. |
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What You'll Learn
Common law marriage is not recognised in Massachusetts
Common-law marriage is not recognised in Massachusetts. In some US states, couples who live together for a certain period (for example, seven years) are considered to have a common-law marriage. However, Massachusetts does not recognise common-law marriage, even if the couple meets all the requirements. This means that a couple residing in Massachusetts will not be considered spouses without a marriage certificate.
Despite this, Massachusetts does acknowledge common-law marriages that have occurred in other states. Under the Full Faith and Credit Clause of the United States Constitution, Massachusetts must treat individuals who meet the test for common-law marriage in another state as if they are married. If a couple lived in one of the states that recognise common-law marriage and then moved to Massachusetts, the state will deem them spouses.
The key difference between legal and common-law marriage is that common-law marriages occur without state formalities such as licences or ceremonies. However, even non-religious marriages generally require couples to go to a courthouse and fill out official state-required paperwork.
Massachusetts abolished common-law marriage during the colonial period, before it was abolished in England and Wales.
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Massachusetts must recognise common law marriages from other states
Massachusetts abolished common law marriage during the colonial period, before it was abolished in England and Wales. However, while Massachusetts does not allow its citizens to become married through a common-law process, the state does honour common-law marriages originating 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. The Commonwealth must treat these marriages like a full-fledged, legally binding marriage. This means that if two individuals meet the standards for common-law marriage in one of these eight states before moving to Massachusetts, then Massachusetts must treat the marriage as legitimate.
The key difference between legal and common-law marriage is that common-law marriages occur without any state formalities, such as licenses or formal ceremonies. While each of the eight states has its own unique rules, two people can generally become married under common law if the following requirements are met:
- 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.
However, proving to a Massachusetts judge that a common-law marriage existed in another state is not always easy. Couples who are interested in common-law marriage have two options in the state of Massachusetts: getting married or applying for a domestic partnership.
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The Full Faith and Credit Clause of the US Constitution
Massachusetts abolished common law marriage during the colonial period, before it was abolished in England and Wales. However, under the Full Faith and Credit Clause of the US Constitution, Massachusetts must acknowledge common-law marriages that occurred in other states.
The Full Faith and Credit Clause, or Article IV, Section 1 of the US Constitution, dictates that each state must respect the "public acts, records, and judicial proceedings of every other state". This means that each state must give a certain measure of respect to the laws and institutions of other states, including their statutes, public records, and court decisions. This clause was included in the Constitution to address the relationship between the states, or "horizontal federalism".
The Full Faith and Credit Clause has been interpreted by the Court to require states to open their courts to claims based on other states' laws under various circumstances. This includes the recognition of marriages performed in other states. For example, until the Supreme Court ruled that same-sex marriage must be legalized nationwide in 2015, many states refused to recognize same-sex marriages performed in other states. However, the Full Faith and Credit Clause was never used to force a state to recognize a marriage it did not wish to recognize. Additionally, the clause's application to state-sanctioned same-sex marriages, civil unions, and domestic partnerships is still unresolved.
The Full Faith and Credit Clause also gives Congress the power to prescribe the manner in which state acts and judgments shall be proved and the effect they will have. However, this power is rarely exercised, and its scope remains unsettled.
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Common law marriage criteria
Massachusetts abolished common law marriage during the colonial period, before it was abolished in England and Wales. However, under the Full Faith and Credit Clause of the United States Constitution, Massachusetts must acknowledge common law marriages that occurred in other states and treat them as legally binding.
Common law marriage, also known as sui juris marriage, informal marriage, or marriage by habit and repute, is a form of irregular marriage that does away with the formalities of a traditional wedding. Instead, a couple takes up residency together, holds themselves out to the world as a married couple, and behaves as a married couple.
The criteria for a common-law marriage are:
- The parties seriously intended to enter into a husband-wife relationship.
- The parties' conduct leads to a belief in the community that they are married.
In some states, there are additional criteria that must be met for a common-law marriage to be recognised. For example, in Utah, a court or administrative order must establish that:
- The parties are of legal age and capable of giving consent.
- The parties are legally capable of entering a solemnised marriage.
- The parties have cohabited.
- The parties mutually assume marital rights, duties, and obligations.
- The parties hold themselves out as and have acquired a uniform and general reputation as husband and wife.
It is important to note that the recognition of common-law marriage varies across different states, and some states have abolished it altogether. As such, the specific criteria and requirements may differ depending on the jurisdiction.
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Domestic partnerships in Massachusetts
Massachusetts does not allow its citizens to enter into a common-law marriage. However, it does honour common-law marriages originating in other states.
To be eligible for a domestic partnership in Massachusetts, both parties must be over the age of 18 and unmarried. To make a domestic partnership official, the relationship must be declared at a courthouse or government office. The process involves filling out a form, paying the required fees, and taking the information to a nearby city hall. The fee for filing is $50, and an additional $12 for a certified copy of the domestic partnership. Fees and requirements may vary by city, so it is important to verify the requirements with the local city hall.
Domestic partners must file their taxes separately as single individuals, even if they share finances and live together. They cannot file jointly or claim spousal benefits. If one partner is covered under the other's health insurance plan, the non-employee may have to pay taxes on the coverage's value.
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