Common Law Marriage
What is Common Law Marriage?
The status of a couple as common law married seems to carry a bit of a misconception around it. How long you have lived with a person is not what determines your eligibility to be in a common law marriage.
A common law marriage can occur only when a heterosexual couple lives together in a state that recognizes common law marriages. The couple must have lived together for a significant period of time, during which time they presented themselves as a married couple. The couple must also have the intention to be married.
Presenting Yourself as Married
This provision in the law includes behavior such as sharing a last name, introducing your common law spouse as your “husband” or “wife”, and filing a joint tax return.
Who Recognizes Common Law Marriage?
The state of California does not recognize common law marriages between any kind of relationship or partners. The list of states that do consider common law marriages in their legal statutes has decreased over the years. The following are states that do recognize common law marriages:
- Alabama
- Oklahoma
- Colorado
- Pennsylvania
- District of Columbia
- Rhode Island
- Iowa
- South Carolina
- Kansas
- Utah
- Montana
New Hampshire recognizes only for inheritance purposes.
Rights and Duties
Where common law marriages are valid, the partners have the same rights and duties as there had been a ceremonial marriage. In most cases when a couple who is common law married in one state, moves to a state that does recognize their union, the marriage is still valid. A common law marriage that is recognized may end only with a formal divorce.
Speak with a San Jose Divorce Lawyer
If you established a common law marriage in another state and are now considering a divorce in California, you need the guidance and support of a knowledgeable attorney who will be there for you. Contact San Jose common law marriage divorce lawyer Daniel Jensen at 408-296-4100 today.
