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2007-08-13 01:46:26 · 5 answers · asked by sha 1 in Politics & Government Law & Ethics

5 answers

Common law marriage is a marriage that results from the actions of a couple, despite the fact that they have not obtained a marriage license or fulfilled the requirements of a state's statutory marriage laws. This typically means that the couple has cohabitated for a period of time, usually a year or more, while having an agreement to be married and holding themselves out to the world as husband and wife.

Not every state permits common law marriages. For example, Michigan has elimated common law marriage by statute, and no period of cohabitation will result in marriage. At the same time, where a couple became married under the common law of a different state or country, their marriage is likely to be recognized even in a state such as Michigan. The "full faith and credit" rule of the U.S. Constitution ordinarily compels the recognition of a marriage made valid under the laws of a sister state.

As a result of the laws of different states, actions which can result in common law marriage in one state may not provide any legal rights or protections in another. While in one state, a common law spouse might be entitled to a share of the marital estate and even to spousal support, in a state which does not recognize common law marriage that person may not be able to lay claim to jointly acquired assets titled in their partner's name and won't be eligible for alimony or "palimony". Similarly, if cohabitation does not result in common law marriage, one partner may not have any say in how the other partner is treated in the event of disability, may not even have a right to visit their partner in the hospital, and won't have any right to inherit unless expressly named in the partner's will or estate plan. You should also recall that if your common law spouse becomes disabled or dies, it will be up to you to prove the validity of your marriage if your spouse's family excludes you from medical decision-making or tries to exclude you from inheriting property. In short, it pays to know the laws in your state and that if you want your relationship with your partner to be officially recognized, to take the steps necessary to give legal effect to the relationship.

In states which recognize common law marriage, once the requirements have been met the marriage is typically treated in exactly the same manner as any other marriage. By the same token, a valid common law marriage must typically be ended through a formal divorce process. At present, approximately eleven states and the District of Columbia still recognize common law marriages.

States Permitting Common Law Marriage
Alabama
Colorado
District of Columbia
Iowa
Kansas
Montana
Oklahoma
Rhode Island
South Carolina
Texas
Utah
States Permitting Certain Common Law Marriages
Georgia (if the elements were satisfied before January 1, 1997)
Idaho (if the elements were satisfied before January 1, 1996)
New Hampshire (for inheritance only)
Ohio (if the elements were satisfied before October 10, 1991)
Pennsylvania (if the elements were satisfied before January 1, 2005)
In states which don't allow common law marriage, an unusual situation can arise - a couple which underwent what they thought was a valid, state-authorized marriage can find that their marriage was invalid. For example, a divorce may not be properly finalized before a subsequent marriage occurs, rendering that later marriage invalid. Usually, once the problem has been remedied, states will provide a remedy to correct the invalid marriage. For example, some states permit a secret wedding ceremony to be performed by a judge, with a backdated order of marriage, such that the marriage becomes valid from its inception and the rights of the spouses are protected.

2007-08-13 01:51:00 · answer #1 · answered by twism 3 · 0 1

What it means is simply that if a man and a woman live together like a husband and wife long enough, they eventually become husband and wife in the eyes of the law, even though there has been no official ceremony or signing of any paperwork. The length of time you both have to live together before such a marriage becomes recognized varies according to whatever state or country you're in. It could be as little as 1 year, it could be as long as 7 years. Some places, however, don't recognize common-law marriage.

2007-08-13 04:34:18 · answer #2 · answered by Anonymous · 1 0

This Site Might Help You.

RE:
what does a commom-law partner mean?

2015-08-20 09:23:56 · answer #3 · answered by Mannie 1 · 0 0

It's a marriage of two consenting people to cohabit without the bond a marriage license. It is both legal after a certain amount of years in some states and illegal in others. All of this is about mans law, not Gods law.

http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20050510/REPOSITORY/505100343/1013/NEWS03
North Carolina is one of seven states that still have laws on the books prohibiting cohabitation of unmarried couples. The others are Virginia, West Virginia, Florida, Michigan, Mississippi and North Dakota. North Carolina appears to be the only state where the law is being challenged.

2007-08-13 02:01:40 · answer #4 · answered by LucySD 7 · 0 2

It means something different in every state. Usually it means you have lived together for 7+ years in a relationship but are not legally married. Some states do not allow common law marriage or have variations of it.

2007-08-13 01:51:46 · answer #5 · answered by hthr_jacobs 2 · 0 2

It's a way that unmarried partners can receive the same or similar rights as married couples but without getting married. You can find some more info at http://www.reference.com/browse/wiki/Common-law_marriage

2007-08-13 01:53:44 · answer #6 · answered by Anonymous · 0 1

living together beyond 7 years and not legally married

2007-08-13 01:50:18 · answer #7 · answered by Angelbaby7 6 · 0 2

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