Common Law Marriage Tips

The Truth, the Facts Behind Common Law Marriage

You likely have heard the term common law marriage with regularity. With that said, you may not know exactly what is meant by the term common law marriage. Through this article, you will be provided with a brief overview of common law marriage as it is understood at this point in time.

In general terms, if it is determined that a common law marriage exists, it is a marriage from a legal standpoint like any other marriage. In short, if a common law marriage exists, the same rights and obligations exist between the partners to such a marriage as if they had been married in a more traditional sense.

There are three elements that must exist for there to be a common law marriage. (This holds true in most jurisdiction around the United States in this day and age. The laws regarding marriage and related issues have become fairly uniform around the United States in recent times.)

First, for there to be a true and valid common law marriage, the parties involved must actually intend to married. They must truly believe that they are married -- in the common law sense -- for there to be a valid marriage based upon the common law.

Second, the parties to a true common law marriage must hold themselves out to other people as a married couple. They must tell others that they are married, not that they are living together or dating.

Third, for there to be an actual common law marriage, the couple involved must have accounts of various types together. For example, they may rent an apartment together or they may have joint bank accounts.

As an aside, in most jurisdictions in the United States at this point in time, a common law marriage can only exist between members of the opposite sex.

If these three elements exist, a common law marriage is deemed to exist. If you are involved in such a relationship in which a common law marriage exists, you must keep in mind that you do need to obtain a divorce in order to properly and legally end the relationship. Again, if a common law marriage is found to legally exist, the same rights and obligations exist as can be found in a more traditional wedding -- including the legal obligation to obtain a divorce if you truly want to bring such a marriage to an end from a legal standpoint.