What is Common Law Marriage?

From LoveToKnow Weddings

Many people are a little confused as to the definition of common law marriage. In many states, a common law marriage is based on the amount of time a couple has lived together in one household. In the majority of states, however, a common law marriage doesn't really exist.

Not every marriage needs a celebration.

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History of Common Law Marriage

Most marriages were common law in European countries until the 1500s. This was a common practice for a number of reasons. In many cases, there simply wasn't anyone who could perform the ceremony. In other cases, couples had to wait for clerics to travel to their community to perform a ceremony. In the meantime, they set up house and established their own common law marriage.

During the mid to late 1500', however, this practice began to change as priests from the Catholic church began to perform marriage ceremonies. Protestants also began to follow suit and have legal ceremonies conducted, with the exception of the Scots.

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What Is Common Law Marriage?

Common law marriage is typically defined as a man and a woman living together without legal action. While in the majority of states, common law marriages aren't recognized regardless of the time period that a couple has co-habituated together, there are fifteen states which do recognize this union as legal. They include the following:

Alabama Colorado District of Columbia Georgia (if created before 1/97) Idaho (if created before 1/96) Iowa Kansas Montana New Hampshire (inheritance purposes only) Ohio (if the couple began living together before 10/91) Oklahoma (There is some controversy about the legality of common law marriages that occurred after 11/1/98.) Pennsylvania (if the couple began living together before 9/03) Rhode Island South Carolina Texas Utah

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Important Facts About Common Law Marriages

The following facts are important concerning common law marriages:

Same sex marriages do not fall under the same rules that govern common law marriages. In those states that recognize common law marriages, these unions are typically defined as between a man and a woman.
If a couple established a common law marriage in one state and moved to a state that doesn't recognize common law marriages, they would generally still be considered legally married.
There is no common law divorce. A couple who wants to end a common law marriage must go through a legal divorce.
For those couples who reside in a state that recognizes common law marriages but they don't want to be married, it is suggested that they write out a simple statement attesting to the fact that they do not intend to be married and have that statement notarized.

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Guidelines for Establishing a Common Law Marriage

Keep in mind that each state which recognizes common law marriages has specific guidelines for designating the union as a legal marriage. These may include some or all of the following: