COMMON LAW MARRIAGE VS. SAME SEX MARRIAGE WHAT YOU NEED TO KNOW

OVERVIEW History of Common Law Marriage vs. Same sex marriage Definition of Common Law Marriage States that Honor Common Law Marriages vs states that oppose it Myths Recourse Conclusion

HISTORY OF COMMON LAW MARRIAGE The history of common law marriage can be said to have evolved from most of the marriages in Europe. In the 1500’s most of the marriages in Europe were of common agreement between two people. Back in the early days of our country, when justices of the peace and clergy were harder to find and the population more spread out, there arose the concept of a “common law” marriage.

DEFINITION Common Law Marriage – Two people must agree they are married; live together, and present themselves as husband and wife; in general they a non-Ceremonial relationships that require a positive mutual agreement, permanent and exclusive of all others to enter into a marriage relationship cohabitation sufficient to warrant a fulfillment necessary relationship of man and wife and an assumption of marital duties and obligations.

STATES THAT RECOGNIZE COMMON LAW MARRIAGES Currently nine States recognize Common Law Marriages: AlabamaIowa ColoradoSouth Carolina *KansasMontana Rhode Island Texas OklahomaDistrict of Columbia *NOTE: Prohibited if either party is under the age of 18

MYTHS Some people believe that if they have lived together long enough, they are recognized as having a common law marriage. Many people believe that there is a seven-year limitation to this, meaning that if they have lived together in one state for seven or more years, they are legally recognized as a marital couple. This is not true in any state in the United States.

MYTHS CONT’D Another myth is that, in the instance of a divorce, the same legal ramifications as traditional marriage do not apply. The truth is that, in most states, the same claims for property division and cash division apply in the instance of the dissolution of any marriage.

RECOURSE Many states are now recognizing a concept known as “putative spouses”. This concept is available in most of the states that do not honor common law marriage, and actually some of the states that do, and differs in that the people involved are not actually married by any legal aspect. There are many individual concepts to the putative spouse law that differ from state to state, so it is a good idea to look for information about the laws in the state that is relevant.

CONCLUSION The notion about common law marriage that is important is the public declaration of the union. The United States holds a lot of status towards the publicly declared idea of marriage, so any public declaration of a marital union in any aspect in most states is bound to face some form of recognition. The idea behind informal marriage is that it is a publicly recognized form of marriage that allows for some of the same benefits. The issues surrounding the matter are very state-specific, with each state having differing views.

References History of Common Law Marriage; Myths; Recourse; Conclusion Article by Jordan Richardson Published May 21, Definition and States that Recognize Common Law Marriages Black Law Dictionary 277 (6 th ed. 1990)