When you are married but not legally, it is commonly referred to as a common law marriage. This type of marriage is recognized in only a minority of states within the United States. It is important to note that not all states have statutes addressing common law marriage.
A common law marriage is a legally recognized union between two individuals who have not obtained a marriage license or had their marriage solemnized through a ceremony. Instead, the marriage is formed based on the couple’s actions and intentions to be married.
To establish a common law marriage, certain requirements must typically be met. These requirements can vary slightly depending on the state, but generally include:
1. Cohabitation: The couple must live together and present themselves as married. This means sharing a residence and acting as a married couple in their community.
2. Mutual Consent: Both parties must agree to enter into a marital relationship. Simply living together does not automatically create a common law marriage; there must be a shared intention to be married.
3. Holding Out: The couple must hold themselves out to the public as married. This can involve using the same last name, referring to each other as spouses, or introducing themselves as married.
It is important to understand that not meeting these requirements may result in the couple not being considered legally married, even if they have been living together for a long time. Each state has its own specific criteria for recognizing common law marriages, so it is crucial to consult the laws of your particular state.
It is worth noting that common law marriage can have both benefits and drawbacks. One advantage is that if the couple meets the requirements and their common law marriage is recognized, they are entitled to the same legal rights and benefits as couples who are legally married. This can include inheritance rights, the ability to make medical decisions for each other, and eligibility for certain government benefits.
However, common law marriage can also have its complications. For example, if a couple in a common law marriage decides to separate, they may still need to go through a legal process to dissolve their marriage, just like a legally married couple. This can involve filing for divorce and dividing assets, which can be complex and time-consuming.
Additionally, it is important to note that not all states recognize common law marriage. As of now, only a minority of states allow for the establishment of common law marriages. These states include Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah. Each state has its own specific criteria and requirements for recognizing common law marriage, so it is crucial to consult the laws of your particular state to determine if you meet the necessary criteria.
Being married but not legally is commonly referred to as a common law marriage. This type of marriage is recognized in only a minority of states and requires meeting specific requirements such as cohabitation, mutual consent, and holding out as married. It is important to consult the laws of your state to understand if common law marriage is recognized and what criteria must be met.