In some states, a heterosexual couple can declare themselves legally married without ever getting a marriage license or having any ceremony. They don’t have to choose bridesmaids or groomsmen, or pay for a reception hall. No registering for gifts or paying for blood tests. Just casually doing what they would probably ordinarily be doing anyhow, and they could have a common law marriage – as definition by many states. There is no “common law marriage” forms to fill out and submit to any entity (though you could be asked at some time for an affidavit to show that you are married).
What Does It Take?
- A common law marriage isn’t one by definition just because the two people are living together for a certain amount of time, though the living together is an important part. There is more to it, however.
- The couple who want to fit the definition of a common law marriage have to live together for a significant amount of time—though no states actually define this amount of time, the usual expectation is approximately seven years.
- They must hold themselves out to the world as being a married couple. They do this by using the same last name, declaring themselves married, referring to each other as “my husband” and “my wife,” and filing joint tax returns.
- And they must truly intend to be married. A common law marriage, by definition, doesn’t happen by accident.
What Does A Common Law Marriage Give—By Definition?
If a couple has a common law marriage in a state that recognizes such marriages, they are considered by that state to be formally married. They will be looked on as any other married couple, and they have the same rights and responsibilities of any other married couple. They have the rights of a spouse under any employment contracts or pension rights, survivor rights, and (if the marriage goes south before either party dies) they would have to go through a legal divorce in order to end the marriage.
What About Changing Their Name?
Anyone can change their name, at any time. In most states, this can be done without going to court, just by simply beginning to use the new name. However, without a legal document like a marriage certificate, most government and private companies like banks, schools, and title companies, you may have trouble getting them to allow your name change.
Which States Recognize A Common Law Marriage?
As common law marriage is defined, only a handful of states recognize them. These states are: Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah. They are also recognized in the District of Columbia (which is not a state). Some of these states only recognize those marriages created before certain dates, and new common law marriages are not recognized.
Definition Of A Common Law Marriage: What It Is, What It Isn’t, From The Love Shop
