Common Law Marraige after how many years?

Question

And whom would you goto for an affidavit?

We live in Indiana...have been together for 5 years and my insurance requires the affidavit in order to be on the same plan.

Answer 1

There is no common law marriage in Indiana. Plus some states do not recognize common law marriages from other states (Indiana does).

To get one you have to have documentation like shared assets and such. You have to be known in the community as husband and wife by those you know. A big hassle to do.

Now insurance is one thing but when it comes to anything else like life insurance, health insurance, property, medical decisions, child support, you broke up and he moved to a state that does not recognize it, etc. etc. if you did have an affidavit it would still be a big hassle. Plus getting out of a common law marriage requires the same divorce proceedings as a regular marriage.

So if you have an affidavit you are legally married. You are not sort of married and not making the commitment....... you are. So what do you gain by doing the common law thing? Nothing. If you are willing to legally be his wife then skip all of this. Just spend a half hour at the courthouse and get married.

Answer 2

Very few counties -- and very few states in the US -- recognize common law marriage anymore. It's an old concept that is being eliminated in the modern world of bureaucracy.

You would only need an affidavit if you are attempting to prove the status in court -- and if you want to do that, you're better off going through the formalities and getting the marriage license.

Answer 3

Common law marriage does not exist in a lot of places, like California. There simply is no such thing.

Can't say if it exists where you are, since you don't say.

EDIT: Sorry no common law marriage in Indiana unless it was prior to 1958. Time to get married!

Answer 4

It all depends on the state - General is five years - Go to the courthouse of your county.