Wednesday Wow-Common Law Sorta Marriage

If you have been living with your boyfriend for at least 7 ears, you just maybe married. Yes. Girl-Married. My boyfriend swore up and down we were married. And no matter how much I insisted that we weren’t he refused to believe me. Which makes me wonder if his parents are actually married, and at ease at the fact that I I was present at the courthouse when we went to apply for our marriage license. Seems as thought the common Law route is a family norm for them, but that’s a conversation for another day.

Are you shacking, co habitating and wondering if you are considered married?  This post will help!

The jurisdictions which still permit common-law marriages are the states of Alabama,Colorado, Iowa, Kansas, Montana, New Hampshire, Rhode Island, South Carolina,Texas, and Utah, and the District of Columbia.  does go a little further by saying that if you live in one of the above states and you “hold yourself out to be married” (by telling the community you are married, calling each other husband and wife, using the same last name, filing joint income tax returns, etc.), you are  the Mrs.! I think I’ll keep my officiating service right here in the beautiful state of NC.

  • Alabama. In this state, the parties must agree to be husband and wife, they must have the mental capacity to enter into and understand such an agreement, and they must consummate the marital relationship.
  • Colorado. In order for a common law marriage to exist in Colorado, the relationship must be proven by the cohabitation of the common law spouses and their reputation for being married.
  • District of Columbia. In the District, a common law marriage is established by the parties’ explicit intent to be married and by their cohabitation.
  • Georgia- (if created before 1/1/97)
  • Idaho (if created before 1/1/96)
  • Iowa. A common law marriage is established in Iowa by the parties’ intent and agreement to be married, their continuous cohabitation, and their public declarations that they are husband and wife.
  • Kansas. In Kansas, the man and woman must have the mental capacity to marry, they must agree to be married at the present time, and they must represent to the public that they are married in order for a common law marriage to exist.
  • New Hampshire. This state recognizes common law marriages only upon the death of one of the spouses. In other words, common law marriages are recognized in New Hampshire for inheritance purposes only.
  • Montana. In Montana, the parties must have the capacity to consent to marriage, they must agree to be married, they must cohabitate, and they must have a reputation of being married.
  • Oklahoma. The parties must be competent, agree to enter into a marriage relationship, and cohabitate in order to be considered as having a common law marriage.(for inheritance purposes only)
  • Pennsylvania. A common law marriage is established in Pennsylvania by the exchanging of words between a man and a woman indicating an intent to be married at the present time. (if created before 1/1/05)
  • Rhode Island. In Rhode Island, a common law marriage exists if a man and woman have a serious intent to be married and engage in conduct that leads to a reasonable belief by others in the community that they are married.
  • South Carolina. In this state, if a man and woman intend for others to believe they are married, a common law marriage may be established.
  • Texas. If a man and woman in Texas sign a form provided by the county clerk, agree to be married, cohabitate, and represent to others that they are married, a common law marriage exists.
  • Utah. Utah does not recognize common law marriage, however courts can retroactively approve the marriage of couples without ceremony if the couple is of age and legally able to consent to marriage, have lived together, treated each other as spouses and hold themselves out as married.

If You Live in a State that Does Not Recognize Common Law Marriage

There is no way to form a common law marriage, no matter how long you live with your partner. There is one catch: if you spend time in a state that does recognize common law marriage, “hold yourself out as married,” and then return or move to a state that doesn’t recognize it, you are still married (since states all recognize marriages that occurred in other states). However, this is murky legal territory and I don’t recommend experimenting with it!

 

Now, If you desire a wedding officiant ,  I know this girl…… she is excellent and is registered in the state of North Carolina to perform really cool weddings for the non denominational, unchurch-ed yet spiritual couple. Check out Jabela, the life celebrant !

The common Law divorce- CLICK HERE !

NOTE:Much of the information on this fact sheet comes from an excellent do-it-yourself legal guide called Living Together: A Legal Guide for Unmarried Couples, by attorneys Toni Ihara, Ralph Warner, and Frederick Hertz (2008).

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