Common law marriage is something that tests the limits. You should be informed as many of the myths that we have heard are just that and they aren’t founded.
- In most states, you must have the mental capacity to be married. It’s not exactly clear who decides that you must have mental capacity or what that really entails. It is however clear in nearly every state that to be recognized as part of a common law marriage, you must have the mental capacity to be involved in one. This is an important part of qualifying and must be validated if there are legal issues involved.
- Moving away to another state to try to end the recognized marriage won’t work. If you think that moving away from your partner to end the marriage means that things are over, think again. If you were recognized as part of a common law marriage in one state and then try to dissolve it by moving away, you are still part of a common law marriage in the books and through the law.
- It is a misconception that living together for seven years means that you are engaged in a common law marriage. The criteria varies by state, but no matter where your common law marriage exists, no state has a criteria of seven years. Many couples automatically assume this but it is not on the books anywhere and so should not be relied upon as a criteria.
- If you separate, you may not have any obligations to your common law marriage partner. Many people assume that once you are recognized as part of a common law marriage, that you have certain obligations to that other person. This simply isn’t true! There may be certain things that you are responsible for during or even after, but this is very circumstantial in nature.
- You don’t qualify for spousal support if the common law marriage weren’t to work out. Don’t count on alimony or child support as it may not be yours with common law marriage. Though certain rights are yours, the reality is that common law marriage doesn’t always work the same as an actual marriage so keep that in mind if things dissolve.
There are certain things that people should be aware of for common law marriages. This is not a traditional occurrence and therefore many of the circumstances surrounding it are not traditional in nature.
M.M. Ward is very passionate about the law and about providing meaningful and helpful information associated with online law degree.