Living together for seven years makes you “common-law married”, right? Nope! Then, living together and having a baby establishes common law marriage, doesn’t it? No, again. Surely I can end my common law marriage the same way I entered it – informally? Definitely not.
Common law marriage is clouded by many dangerous myths. It doesn’t matter how long you live together or if you have a baby, neither one automatically creates a common law marriage. In fact, in most states a common law marriage cannot be formed at all. But, if formed in a state that allows it, common law marriage is just as real and binding as formal marriage. That is, if you can prove your marriage exists.
Common Law Marriage can Only be Formed in a Few States, but is Recognized by All
Very few states allow you to form a common law marriage, but all states recognize common law marriages that were legally formed, where and/or when they were allowed. The important thing to keep in mind is that common law marriage is binding. You can’t escape it by moving to a state that doesn’t have it.
Official Divorce is Required
Once you form a common law marriage, there are only two ways out – divorce or death. Your rights and responsibilities are the same in common law marriage as in formal marriage. On the same token, if you need to prove that you have a common law marriage it can be very difficult to do.
The Basics of Forming a Common Law Marriage
The requirements for forming a common law marriage are different in each state that allows it. However, there are some basic elements that must exist in all of those states:
- You must both intend to be married.
- You must represent yourselves publicly as being married.
- You must be legally capable of getting married. Old enough, not married to someone else, and of sound mind.
- You must live together.
To learn more about common law marriage, please contact an experienced family law attorney in your state.
