While some people might think "common law marriage" went out of style at about the same time as bell bottom jeans and the VW bus, the truth is that common law marriage is still alive and kicking! The problem is, too many people got confused when they started believing all the myths about the law, so it has become a lot less "common" than it was in the 60's and 70's. Laws governing common law marriage vary from state to state so you will need to refer to the state laws in which your reside.
Here are five things you might not know about Common Law Marriage:
1. People who are married by the common law face the same claims for property division and support as someone who is married in an official ceremony. A lot of people have been led to believe that a common law marriage somehow changes the way the state handles divorce, but that is not the case.
2. Many people believe that a common law marriage isn't "legal" unless a man and woman have been living together for ten years or more, but the truth is there isn't a set amount of time outlined in law books for a couple to be declared legally married.
3. If you and your significant other declare yourselves as "married" to friends and family, then you may as well be married, because the courts will recognize the testimony of others if you ever get divorced. This means you could be held liable for support and the division of assets; so be careful what you wish for! In other words, don't declare yourself as married unless you want the legal responsibilities that go along with it.
4. Common law marriage is not automatically assumed just because you and your significant other have a child together. The only way it becomes a valid marriage is when you hold yourself out to the community as a married couple.
5. If a recognized common law marriage ends, divorce laws can be applied in the same way as they would in a traditional marriage. This means you cannot just "annul" a common law marriage; you will need to go through the same proceedings as any other married couple.
A family lawyer can answer any questions you may have about common law marriage in your state, and help you take the necessary steps to protect your rights in this type of union. For a free consultation, contact an attorney in your state.
Matthew Clawson is an attorney at Clawson & Clawson, LLP. He strives to deliver first-rate legal services quickly, efficiently, and aggressively in Personal Injury Law, Family Law and Criminal Law. He is dedicated to the philosophy that the most effective and cost-efficient legal services are provided by attorneys who maintain their integrity and communicate honestly with clients.
Here are five things you might not know about Common Law Marriage:
1. People who are married by the common law face the same claims for property division and support as someone who is married in an official ceremony. A lot of people have been led to believe that a common law marriage somehow changes the way the state handles divorce, but that is not the case.
2. Many people believe that a common law marriage isn't "legal" unless a man and woman have been living together for ten years or more, but the truth is there isn't a set amount of time outlined in law books for a couple to be declared legally married.
3. If you and your significant other declare yourselves as "married" to friends and family, then you may as well be married, because the courts will recognize the testimony of others if you ever get divorced. This means you could be held liable for support and the division of assets; so be careful what you wish for! In other words, don't declare yourself as married unless you want the legal responsibilities that go along with it.
4. Common law marriage is not automatically assumed just because you and your significant other have a child together. The only way it becomes a valid marriage is when you hold yourself out to the community as a married couple.
5. If a recognized common law marriage ends, divorce laws can be applied in the same way as they would in a traditional marriage. This means you cannot just "annul" a common law marriage; you will need to go through the same proceedings as any other married couple.
A family lawyer can answer any questions you may have about common law marriage in your state, and help you take the necessary steps to protect your rights in this type of union. For a free consultation, contact an attorney in your state.
Matthew Clawson is an attorney at Clawson & Clawson, LLP. He strives to deliver first-rate legal services quickly, efficiently, and aggressively in Personal Injury Law, Family Law and Criminal Law. He is dedicated to the philosophy that the most effective and cost-efficient legal services are provided by attorneys who maintain their integrity and communicate honestly with clients.