Some people just automatically assume that the entire concept of common law marriages have fallen by the wayside, but this is actually not an accurate assessment. While more and more states are doing away with their recognition of the practice, it is still a perfectly legal way to be married in some states. Living together is a key component, but it's not the only one. Read on to learn about what it means to be common law married.
The requirements
In the states that still legally recognize this practice, there are several requirements that go along with living together as man and wife in the same residence. In most places, you must also show that:
- You are old enough to be married legally in that particular state.
- You are not already legally married to someone else.
- You are of both of sound mind.
- You are both living together with the express intent of being married.
- You present yourselves, as a couple, to your family, friends, your place of worship, and your community as being married.
- You file your federal income tax returns as married filling jointly.
When it's time to part ways.
It's easy to assume that common law marriages represent the ultimate in casual no-strings-attached relationships, but if your state recognizes this type of marriage and you have been fulfilling the requirements, you cannot simply walk away from each other when the relationship comes to an end. While there is not technically any such thing as a common law divorce, you must still go through the motions of a divorce to part legally.
When problems arise.
When couples who are common law married want to split up, problems can occur if one of the parties balks at having to go thorough a legal manner of parting ways. Not only is there the expense of the divorce, but some couples have a lot of property and debt that must be dealt with. For example, if one party wants to walk away from the relationship with what would be considered martial property, they may claim that there never was a common law marriage at all. In those cases the family court judge will need to take a closer look at the relationship to determine whether or not the couple was indeed married. Several issues could be viewed, such as:
- How long did the couple live together?
- Did the couple use a common last name?
- Did the couple have or raise children together?
- Did the couple own property together?
- Did they file as married on their taxes?
Getting divorced from a common law spouse can be quite complicated, so consult with a divorce attorney from a firm like Grafton Law Office as soon as possible for help and support.
