Common Law Marriage: Know More About It

Many people think common law marriage to be the same as co-habitation. You too may think it is the same but there are some differences between the two that you should be aware of. You should also be aware that it is not recognized in all states. If you are considering a common law marriage then you have to check your state to see if it is permitted there. You can be married under common law if you have cohabitated for more than a year and are willing to present yourselves as a married couple. You should have either a written or an oral agreement to be married.

Since a common law marriage is not recognized in many states, you have to consider the wedding law in your state before taking a step in this direction. You could always remain in a cohabitation relationship if you don't want to get married. However, living together for many years will not mean that you will be seen as a married couple in the eyes of the law. In other words, if you want to be considered single then you can cohabit for as long as you want. But if you wish to be viewed as husband and wife then you will have to enter into a common law marriage.

Some Important Facts

You can be married under common law without applying for a marriage license. You don't have to undergo a wedding name change either. If you have been in cohabitation for a long period then you can automatically get a married status under common law. In case you live together but do not want to be viewed as husband and wife, then you must consult a lawyer and get a document which states that you are unmarried cohabitants. This is of course required in states where common law marriages are recognized.

You also have to be careful of certain situations when you enter into a common law marriage. You may have been living in a state that permits it and then move to another state which doesn't. In that event, you will not be recognized as a married couple in the latter state. This could be an uncomfortable situation. It gets worse if you wish to get a divorce. Since your marriage is not recognized, you cannot file for divorce either. You will probably have to go back to the first state and get a divorce. This can be difficult as you don't know how long it will take to get a divorce. Your other option would be to get a back-dated order of marriage and then file for divorce. This remedy is provided by some states as a solution to your problem.

It is important for you to know the laws of the state you live in before you get married. Colorado, Texas, Utah, Montana and Alabama are some of the states that permit common law marriage.