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#What Is Common Law Marraige? By Cathy Meyer. Divorce Support Expert Cathy Meyer is a Certified Divorce Coach, Marriage Educator and Legal Investigator. She works with people who expected to be married forever but are now facing divorce. Through her writing and individual coaching, Cathy provides clients with strategies and resources that empower them and equip them to grow through a time of adversity. Cathy shares her expertise here on About.com, The Huffington and as the Founding Editor of DivorcedMoms.com. What Is Common Law Marriage? Common Law Marriage is an alternative to traditional marriage. Instead of obtaining a marriage license, a man and woman who live together and “intend to be married” can become common law spouses without a license or a wedding. It is also known as sui juris marriage, informal marriage, or marriage by habit and repute, is a legal framework in a limited number of jurisdictions where a couple is legally considered married, without that couple having formally registered their relation as a civil or religious marriage. What states still allow common law marriage? Presently only about 15 states and the District of Columbia allow common law marriages. The states that allow common law marriages and the laws surrounding what constitutes such a marriage are:
How does your marriage become common law? A man and woman who live together and “intend to be married” can become common law spouses. Intent to be married can be shown by the couple simply by acting like they were married. For example, Jennifer and John fall in love and move in together. They plan to marry but never get around to legalizing the union. In the meantime, Jennifer and John have 3 children together, they share the expense of raising those children and hold themselves out to the community as a married couple. In the states listed above, if having lived together long enough, as husband and wife, they would be considered to be in a common law marriage. Continue Reading Below Such acts include:
What happens if common law married people move to a state that does not allow common law marriage? All marriages, common law or civil, are recognized by every state. If you are common law married and you move to a state that does not allow such marriages, you are still married in the new state because your marriage was valid in the state where it occurred. How do I obtain a divorce from a common law marriage? To obtain a divorce from a common law marriage, you must go through the exact same procedure as traditionally married couples. All the rights and obligations of common law married people are identical to those who are traditionally married; likewise the dissolution of the marriage is the same as well. Do I need an attorney to obtain a common law marriage or divorce? Often times it is unclear if you are common law married and exactly what benefits and responsibilities common law marriage entails. An attorney can help you understand common law marriage as it applies to your situation. If you need to dissolve a common law marriage, a family attorney can guide you through the process and help you file the necessary paperwork. If there are children born to the union it is imperative to consult a local attorney to get a clear understanding of how child support and child custody will be handled should the common law marriage end.
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