is it true that in some states that a man and a woman is legally married without even having an actual wedding fi they have been together for a least 5 years, is this part of the common law?
2007-08-29 09:56:56 · 3 answers · asked by The Knowledge 6 in Politics & Government ➔ Law & Ethics
Common Law Marriage
Common law marriage is permitted in a minority of states. To be defined as a common law marriage within the states listed below, the two parties must: agree that they are married, live together, and hold themselves out as husband and wife. Common-law marriage is generally a non-ceremonial relationship that requires "a positive mutual agreement, permanent and exclusive of all others, to enter into a marriage relationship, cohabitation sufficient to warrant a fulfillment of necessary relationship of man and wife, and an assumption of marital duties and obligations." Black's Law Dictionary 277 (6th ed. 1990).
Before modern domestic relations statutes, couples became married by a variety of means that developed from custom. These became the elements of a "common-law marriage," or a marriage that arose by operation of law through the parties' conduct, instead of through a ceremony. In many ways, the theory of common-law marriage is one of estoppel - meaning that parties who have told the world they are married should not be allowed to claim that they are not married in a dispute between the parties themselves.
Currently, only 10 states (Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, Pennsylvania and Texas) and the District of Columbia recognize common-law marriages contracted within their borders. In addition, five states have "grandfathered" common law marriage, allowing those established before a certain date to be recognized. New Hampshire recognizes common law marriage only for purposes of probate, and Utah recognizes common law marriages only if they have been validated by a court or administrative order.
2007-08-29 10:05:00 · answer #1 · answered by Diane B 6 · 1⤊ 0⤋
Few states in the US still recognize common law marriage.
In the few that do -- the specific details vary by state for how long the people must live together, what they must claim and do, and other particulars.
2007-08-29 10:11:28 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
I've always heard 7 years, but certainly it is from Common Law.
Such a marriage is known as a "Common law marriage."
2007-08-29 10:05:09 · answer #3 · answered by Elana 7 · 0⤊ 0⤋