Common Law Marriage

Question: Is there a common law marriage in new Hampshire? If so how many yrs together to be considered? I'm going on 9 years none stop but not legally married yet.... What does n is common law marriage mean for me.... Nice answers only please! P.s we also have a 2 yr old son together if that changes anything!

Answer: Common law marriage is only recognized for probate in your state. Children changes nothing. If you want to be married, get married.

Question: How long does a couple have to be together before they are considered to have a common law marriage? I am not looking for your opinion on Common Law marriage, quite frankly I don't care if you don't believe in it. I am however, asking for the minimum requirement for Common Law in California.

Answer: Common Law Marriage FAQ Common Law Marriage is not recognized in the state of California. Learn what it is and where it's recognized. http://www.google.com/search?q=common+la… EDIT Well... that didn't take very long, did it? LOL

Question: Does a Common Law Marriage transfer between states? We have a common law marriage affidavit in Colorado. Will it be recognized in Minnesota by, say, an insurance company?

Answer: It is usually recognized by the state you move to, but it is entirely possible that it will not be. It is best to go ahead and get a marriage license. Go to your local courthouse and you can get married there with no problem, especially if you are already "common law" married.

Question: How long do you have to live together for it to be common law marriage in Texas? How long do you have to live together for it to be common law marriage in Texas,

Answer: Well it depends. Are you living with your horse or your brother?

Question: What is a common law marriage or is there such a thing? How many years before it was called common law marriage and who would do that ?

Answer: It used to be 7 years, but many states don't recognize common law marriages any longer. Check with your county.

Question: how can i terminate a common law marriage? i had been together with my ex for 15 yrs and we were common law marriage. my ex keeps saying that my marriage for a year and a half with my spouse is not legal due to the common law marriage...what can i do to end this with my ex?

Answer: Common Law Marriage (CLM) is only legal in a few states. First find out if the state you where in had CLM. Second if there is CLM you sometimes have to do other legal steps such as register the marriage with the state for it to be a legal CLM. While states differ on the added steps if you had done them you have to go through a divorce proceeding in court to dissolve the marriage. Consult a attorney or a Legal Document Preparer in your state who can help you secure a divorce.

Question: When ex spouse moves in with a new partner, is that considered income? What about common law marriage? When does common law marriage factor into addition income for child support calculations? Does NM have common law marriage?

Answer: i don't know about NM, but i believe common law marriage is when a couple co-habitates for at least 7 yrs. anyhow, living with or married - it does not figure into child support. the other partner's income has nothing to do with how child support is set. only the "non-custodial" parent's income is considered.

Question: If I enter into a common law marriage can my mom still claim me as a dependent? Me and my boyfriend are considering getting a common law marriage for now until we are finished with school. Next year, would we have to file jointly or could my mom still claim me as a dependent? I am not sure if the same rules apply to common law marriages because they are not recognized by all states. Any help will be greatly appreciated!

Answer: No your mom wouldn't be able to claim you as a dependent Why would you want to get common law married. You realize if you breakup you will still have to get a divorce right? Divorce can cost $200 - $3000 depending on how you file it. My advice either get married or don't, none of this in between bologna.

Question: Is there really such a thing as Common Law marriage? Common Law marriage, when your living with someone for six months? How does this work? Is this only in certain states?

Answer: Yes, common law marriage is a very real thing. Only a few states still allow for the establishment of CLM. In reality, the length of time you live with someone is pretty irrelevant. What is more important is your intent and ability to get married. Links to help you get more detailed information.

Question: Is there common law marriage in your state? I lived with a man for 14 years. When we broke up I thought are relationship was common law. Which entitles me to marriage benifits. But California did away with that. Does your state have common law?

Answer: My state does (if it's grandfathered - pre 1997) http://www.unmarried.org/common.html Here's the state by state list.

Question: what is the legal difference between common law marriage and a formal marriage.? My boyfriend and I are looking into getting a "common law marriage" in texas. I did call around and looked online forbsome info but I'm still not sure what what are some of the legal differences are.

Answer: There is no legal difference between common law marriage and a formal marriage in Texas. You may register your declaration of informal marriage at the county clerk's office. See Chapter 2 of the Texas Family Code or call the county clerk's office for details. As persons in a common law marriage, each of you has all the rights and responsibilities under law as would persons in any other marriage.

Question: Does washignton state have common law marriage? If so what are the requirements. (eg years together or tax returns etc) Please state the government reference weblink I have read that very few states have common law marriage.

Answer: No, it does not have common law marriage. It does recognize the doctrine of meretricious relationship (also known as the doctrine of committed intimate relationship), wherein if a couple were living together as if husband and wife and they acquire assets together, then their assets can be considered as jointly held and in the case of a split or a death, the assets would be property owned by both. It has nothing to do with other rights such as tax breaks, health insurance, etc. It merely has to do with property.

Question: Is a common law marriage recognized in NY or NJ? If it is ? then how long do you need to be together to be considered a common law marriage ? And what makes it a divorce ? just moving out ?

Answer: You cannot ESTABLISH a common marriage in either New York or New Jersey. But both states will recognize common marriages established in the few states that still permit them. See the following paragraph from "Is Common Law Marriage an Alternative to the Real Thing?" by Rebecca Berlin, publishd in AllLaw.com: "... a common law marriage cannot be established in most states. Only Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah, as well as the District of Columbia, recognize common law marriages. New Hampshire recognizes common law marriages only for the purposes of inheritance. In any other state the only marriage that is recognized as valid is an official one. However, if you enter into common law marriage while living in one of the states that permits them, and then move to a state that doesn't, the new state should recognize your marriage as being legally entered into in the other state." As for divorce, read this from the same article: "Suppose you opt for the common law marriage believing that, if the relationship ends, you'll avoid a nasty divorce proceeding. This is a bad reason to have a common law marriage. A common law marriage is legally recognized as a marriage and the way to end it is by getting a divorce. You won't be able to escape the formalities on this end as you did at the beginning. In fact you might find your divorce a little more complex, because first there will have to be a trial to prove whether or not you were married. If the court decides that your relationship was a common law marriage, then you'll need to get a divorce to end it." There are other potential complications. The following, too, is from the same article: "Your common law wife is killed in an automobile accident. The accident is the other driver's fault and you want to file a wrongful death lawsuit so that you can be compensated for your loss and your deceased wife's loss. In order to have standing to bring the suit, you need to have a legally recognized relationship to the deceased. The issue of whether or not your relationship constituted a common law marriage may end up being litigated." Click on the link, below, for the rest of this very informative and well-written article.

Question: me and my boyfriend live a common law marriage. can we have a wedding ceremony? we would like something just like a wedding, with a vows and all. but we want for the moment it to remain a just common law marriage. can we have a wedding without it being legal? and can i get someone who is licensed to wed still do our vows?

Answer: This is called a "commitment ceremony" and is quite common between gay couples and couples who are negative towards marriage. If you already are living in a common law marriage, why not go ahead and get that piece of paper that makes it legal? You'll be better protected in the event of an accident or death, You'll also get health and legal benefits you didn't have before. All you have to do is have someone say your vows but don't fill out a license. It's that simple.

Question: Does the State of Pa see common law marriage for couple living together for over 11 years with children? Does the State of Pa see common law marriage for couple living together for over 11 years with children, and what if one of them is still legally married to someone 25 years ago?

Answer: The issue of a common law marriage in Pennsylvania is a rather complex one. They were abolished in 2003 in the court case of PNC Bank Corporation v. Workers’ Compensation Appeal Board (Stamos), 831 A 2d 1269. The Pennsylvania legislature enacted a statute in 2005 actually abolishing common law marriage in Pennsylvania contracted after the effective date of the statute. 23 Pa.C.S. Section 1103. Under prior law, just living together was not enough to establish a common law marriage. There had to be a "holding out to the community" that they were living as husband and wife, not as a person living with his girl friend. The fact that in today’s world many couples choose to cohabit without any intention of being presently married only adds to the potential difficulties generated by a common lack of public understanding as to what separates a common law marriage from mere cohabitation. Some persons may mistakenly believe they are common law spouses if they have lived with another for an extended period of time, particularly if they have children together. Others may assume that they can never be deemed married unless they have gone through the statutory formalities. When their understanding is challenged by some dispute with their partners, third parties or government authorities, they may discover too late that they have foregone rights or undertaken responsibilities contrary to their intentions. You may need to prove in a court of law that the couple was actually married.

Question: Does the military acknowledge common law marriage? I'm considering joining the military i don't know which branch yet but i'm trying to find out if they acknowledge common law marriage. Some states do allow common law marriage. I'm legally married do to common law in texas and i know if i were to move anywhere in the us i'd still be married i need to know if i'd still be married if i join the military so my common law spouse will be able to live with me and recieve my benefits.

Answer: If the marriage is legal in the state you live in then they should.

Question: How did the common law marriage, read before 1989? Is there any other known laws listed before 1989 on common law marriages?

Answer: Common Law Marriage Common law marriage is permitted in a minority of states. To be defined as a common law marriage within the states listed below, the two parties must: agree that they are married, live together, and hold themselves out as husband and wife. Common-law marriage is generally a non-ceremonial relationship that requires "a positive mutual agreement, permanent and exclusive of all others, to enter into a marriage relationship, cohabitation sufficient to warrant a fulfillment of necessary relationship of man and wife, and an assumption of marital duties and obligations." Black's Law Dictionary 277 (6th ed. 1990). Before modern domestic relations statutes, couples became married by a variety of means that developed from custom. These became the elements of a "common-law marriage," or a marriage that arose by operation of law through the parties' conduct, instead of through a ceremony. In many ways, the theory of common-law marriage is one of estoppel - meaning that parties who have told the world they are married should not be allowed to claim that they are not married in a dispute between the parties themselves. Currently, only 10 states (Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, Pennsylvania and Texas) and the District of Columbia recognize common-law marriages contracted within their borders. In addition, five states have "grandfathered" common law marriage, allowing those established before a certain date to be recognized. New Hampshire recognizes common law marriage only for purposes of probate, and Utah recognizes common law marriages only if they have been validated by a court or administrative order. Alabama New Hampshire ³ Colorado Ohio 4 District of Columbia Oklahoma5 (Okla. Stat. Ann. tit. 43, § 1) Georgia¹ Pennsylvania (23 Penn. Cons. Stat. § 1103) Idaho ² Rhode Island Iowa (Iowa Code Ann. §. 595.11) South Carolina Kansas 8 Texas 6 (Tex. Fam. Code Ann. § 2.401) Montana (Mont. Code Ann. § 26-1-602, 40-1-403) Utah7(Utah Code Ann.§ 30-1-4.5) Only for common law marriages formed before January 1, 1997 (1996 Georgia Act 1021). Only for common law marriages formed before January 1, 1996 (Idaho Code § 32-201). Common law marriages effective only at death. (N.H. Rev. Stat. Ann § 457:39). Only for common law marriages formed before October 10, 1991 (Lyons v. Lyons 621 N.E. 2d 718 (Ohio App. 1993)). Only for common law marriage formed before November 1, 1998. (1998 Okla. SB 1076). Texas calls it an "informal marriage," rather than a common-law marriage. Under § 2.401 of the Texas Family Code, an informal marriage can be established either by declaration (registering at the county courthouse without having a ceremony), or by meeting a 3-prong test showing evidence of (1) an agreement to be married; (2) cohabitation in Texas; and (3) representation to others that the parties are married. A 1995 update adds an evidentiary presumption that there was no marriage if no suit for proof of marriage is filed within two years of the date the parties separated and ceased living together. Administrative order establishes that it arises out of a contract between two consenting parties who: (a) are capable of giving consent; (b) are legally capable of entering a solemnized marriage; (c) have cohabited; (d) mutually assume marital rights, duties, and obligations; and (e) who hold themselves out as and have acquired a uniform and general reputation as husband and wife. The determination or establishment of such a marriage must occur during the relationship or within one year following the termination of that relationship. Kansas law prohibits recognition of common law marriage if either party is under 18 years of age. (2002 Kan. Sess. Laws, SB 486, §23-101). Because the doctrine of common law marriage developed prior to the advent of modern domestic relations statutes, in some states the law exists in case law rather than legislation. (For example: Piel v. Brown, 361 So. 2d 90, 93 (Ala. 1978); Deter v. Deter, 484 P.2d 805, 806 (Colo. Ct. App. 1971); Johnson v. Young, 372 A.2d 992, 994 (D.C. 1977); Smith v. Smith, 161 Kan. 1, 3, 165 P.2d 593, 594 (1946); Sardonis v. Sardonis, 106 R.I. 469, 472, 261 A.2d 22, 23 (1970); Johnson v. Johnson, 235 S.C. 542, 550, 112 S.E.2d 647, 651 (1960)). Tennessee has employed a doctrine of "estoppel to deny marriage." See Note, Informal Marriages in Tennessee - Marriage by Estoppel, by Prescription and by Ratification, 3 VAND. L. REV. 610, 614-15 (1950). Many states have abolished common-law marriage by statute, because common-law marriage was seen as encouraging fraud and condoning vice, debasing conventional marriage, and as no longer necessary with increased access to clergy and justices of the peace. (For example: Cal. Civ. Code § 4100; N.Y. Dom. Rel. Law § 11 ; Furth v. Furth, 133 S.W. 1037, 1038-39 (Ark. 1911); Owens v. Bentley, 14 A.2d 391, 393 (Del. Super. 1940); Milford v. Worcester, 7 Mass. 48 (1910)). Among those states that permit a common-law marriage to be contracted, the elements of a common-law marriage vary slightly from state to state. The indispensable elements are (1) cohabitation and (2) "holding out." "Holding out" means that the parties tell the world that they are husband and wife through their conduct, such as the woman's assumption of the man's surname, filing a joint federal income tax return, etc. This means that mere cohabitation cannot, by itself, rise to the level of constituting a marriage. Of course, many disputes arise when facts (such as intentions of the parties or statements made to third parties) are in controversy. The United States Constitution requires every state to accord "Full Faith and Credit" to the laws of its sister states. Thus, a common-law marriage that is validly contracted in a state where such marriages are legal will be valid even in states where such marriages cannot be contracted and may be contrary to public policy. There is no such thing as common-law divorce. Once parties are married, regardless of the manner in which their marriage is contracted, they are married and can only be divorced by appropriate means in the place where the divorce is granted. That means, in all 50 states, only by a court order.

Question: what is the law in Texas concerning common law marriage? Is there a law concerning common law marriage in Texas?

Answer: Also note it is important the couple agreed to being in a common law and verbally and on paper called each other husband and wife. If they didn't agree and just lived together a court will not recognize it as common law.

Question: Me and my fiance have been together for 7 years is there still a common law marriage for Kentucky? Common law marriage in Kentucky?

Answer: I'd have to look it up, but in your case it makes no difference. Even if there is common law marriage in Kentucky, you are not common law married because you are not holding yourselves out as being married: you refer to him as your "fiancee." Common law marriage doesn't magically bestow marriage on people just because they live together; among other things, you have to have a history of referring to each other as husband and wife in public.

Question: Was common law marriage ever recognized in California? was common law marriage ever recognized in California, and if so between what years.

Answer: Yes it was, though not for many years. I know it ended at least 15 or more years ago, only because my mother was worried aout being common law at one point and found out she was not. Only a hadnful of states consider common law legally binding and only with many provisions met. Common law marriage is recognized only in the following states: Alabama Colorado District of Columbia Iowa Kansas Montana New Hampshire (for inheritance purposes only) Oklahoma Pennsylvania Rhode Island South Carolina Utah