FamilyAttorneyHome.com - Marriage

Divorce

Our kids matter to both of us. We wanted to handle the divorce with as little impact on them as possible...

Common Law Marriage

Common law marriage is a legally recognized status of two people that cohabitat and hold themselves out to the public as spouses. It is a marriage existing by mutual agreement between a man and a woman, or by the fact of their cohabitation, without a civil or relegious ceremony. Both people must be of legal age and in mutual consent of the common law marriage. In some jurisdictions common law marriages are legally binding.

Some states legally recognize common law marriages within their state. These states are Texas, Iowa, Montana, South Carolina, Alabama, Kansas, Colorado, Rhode Island, Oklahoma and the District of Columbia. Common law marriages are recognized in Georgia, Pennsylvania, Ohio, Idaho and Oklahoma if they occurred before a certain date. These states have the common law marriage guidelines grandfathered. In Pennsylvania, no common law marriages were valid if established after January 1, 2005. In the state of Utah the marriage must be validated by a court or other legal order.

According to the Texas Family Code, the common law marriages are referred to as an “informal marriage.” An informal marriage in Texas must show that both parties are in an agreement to be married, present themselves to others as married and live together in the state of Texas. Another way to establish an informal marriage in Texas is to file a Declaration of Informal Marriage at a county courthouse. Noone under the age of 18 may enter into an informal marriage.

There is no such thing as a common law divorce. Once a common law marriage is legally established, it is considered a regular marriage and thus a divorce, by a court order, is required to disolve the marriage.

Due to fraud, some states have abolished common law marriages.

Common law marriages are between a man and a woman. If both parties are of the same sex, the law regards it as a domestic partnership. Currently no state recognizes common law marriages between two people of the same sex.

A couple considered married under common law, in their state of residence, is considered married in all states.

See Also:

ARTICLES View All

Michael Jackson's Death Shines Spotlight On Family Law

The death of pop superstar Michael Jackson has put attorneys that handle his business in the spotlight. It will also thrust the importance of family law attorneys to the forefront. Many people don't understand how family law effects them. They don't understand that without a will, it will be left up to a judge to decide who...