Common-law marriage, a term often heard but rarely understood.
It is a concept that is recognized and accepted under certain state laws despite the absence of a formal ceremony. This article aims to shed some light on the concept of common-law marriage and the evidence required to substantiate it.
What is a Common-law Marriage?
A common-law marriage is an informal type of marriage that does not require a formal ceremony or a marriage license. It is a marriage between two individuals who are free to marry, consider themselves married, live together as husband and wife, and, depending on the state, meet specific additional requirements.
Preferred Evidence of a Common-law Marriage
The evidence required for a common-law marriage varies based on the situation:
- Both Partners are Alive: If both husband and wife are alive, their signed statements confirming the marriage are required. In addition, statements from two blood relatives, who believe that the marriage exists, are needed. These signed statements should explain why the signers believe a marriage existed between the two individuals.
- One Partner is Deceased: In the event of the death of either the husband or wife, the signed statement from the surviving spouse is needed. Additionally, statements from two blood relatives of the deceased person are also required. These should explain why they believe a marriage existed.
- Both Partners are Deceased: If both husband and wife are deceased, the signed statements from one blood relative of each are needed. These statements should provide a reason for their belief in the existence of the marriage.
In situations where a written statement cannot be obtained from a blood relative, one from another person may be used instead.
Alternate Evidence of a Common-law Marriage
In cases where the preferred evidence cannot be obtained, an explanation for the inability to provide such evidence is required. In addition, other convincing evidence of the marriage should be presented.
Depending on the strength of the alternative evidence presented, you may not be asked for statements from a blood relative or other person. This is a discretionary decision based on the belief that the other evidence sufficiently proves the existence of the common-law marriage.
The Intricacies of Common-Law Marriage: Jane and John’s Story
Common-law marriage, despite being less formal than traditional marriage, has its complexities. Let’s look at an illustrative example: the story of Jane and John.
The Unconventional Union of Jane and John
Jane and John, both single and of legal age to marry, have been living together for several years in a state that recognizes common-law marriages. They’ve always referred to each other as husband and wife and have presented themselves to the world as a married couple. Even though they never had a formal wedding ceremony, they consider themselves married.
Establishing their Common-Law Marriage
One day, they decided to formally establish their common-law marriage status for legal purposes. Here’s how they went about it:
Both Partners are Alive
Since both Jane and John were alive, they began by providing their signed statements asserting their marital status. These statements detailed their belief in their marital status, the length of their cohabitation, and their public portrayal as a married couple.
Corroborating Evidence
Next, they needed corroborating statements from two blood relatives. John’s sister and Jane’s brother, who were familiar with their living arrangement and considered them to be married, provided signed statements. These statements explained their belief in Jane and John’s marriage, citing their long-term cohabitation, mutual commitment, and public representation as a couple.
Alternate Scenario
Let’s consider a different scenario. Suppose Jane and John weren’t able to get statements from their siblings due to strained family relationships. In this case, they could have asked close friends who knew them well and understood their relationship status to provide the necessary statements. These friends could provide similar evidence to that of blood relatives, testifying their belief in Jane and John’s marriage based on their knowledge and observation of the couple’s relationship.
Through this example, we can see how a common-law marriage can be established and proven. Jane and John’s story illustrates the steps involved and the kind of evidence required. However, it’s important to remember that the laws for common-law marriages can vary by state, so it’s always a good idea to consult a legal expert to understand the specifics in your area.
Conclusion
Understanding common-law marriage and the evidence required to substantiate it is crucial, especially for couples who consider themselves married without a formal ceremony. Remember, the rules for common-law marriage can vary significantly between states, so it’s always advisable to consult with a legal expert in your state to understand the specific requirements and implications.
https://www.ssa.gov/OP_Home/cfr20/404/404-0726.htm
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