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Topic: Common-law marriage


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 Common-law marriage - Wikipedia, the free encyclopedia
Common-law marriage (or common law marriage), sometimes called informal marriage or marriage by habit and repute is, historically, a form of interpersonal status in which a man and a woman are legally married.
The essential elements of a common law marriage are that a man and woman, both of whom are of legal age to contract a statutory marriage, mutually consent to live together and hold themselves out to the world as husband and wife.
A common-law marriage is established when a couple: "(1) is competent to enter into a marriage, (2) mutually consents and agrees to a common law marriage, and (3) cohabits and is reputed in the community to be husband and wife." See Snetsinger v.
en.wikipedia.org /wiki/Common-law_marriage   (2144 words)

  
 Talk:Common-law marriage - Wikipedia, the free encyclopedia
The essential elements of a common law marriage are that a man and woman, both of whom are of legal age to contract a statutory marriage, mutually consent to live together and hold themselves out to the world as husband and wife.
The reason that a common law marriage "contract" is not enforceable in a jurisdiction that does not provide for common law marriages is that they are in a sense illegal contracts.
OK, here's a quote: "Statute of Limitations: If a lawsuit alleging a common law marriage is not commenced within two years after the parties separated and ceased living together, it is 'rebuttably presumed' that they did not agree to be married." That is incredibly different from saying that this "proves a marriage never existed".
en.wikipedia.org /wiki/Talk:Common-law_marriage   (2270 words)

  
 alabama common law marriage
Common law marriage is a marriage that results from the actions of a couple, despite the fact that they have...
Most people are fuzzy on exactly what common law marriage is. Like so many others, we used to believe...
Alabama Common Law Marriage Law is great to...
www.lawyeralabama.com /alabama_common_law_marriage1.htm   (226 words)

  
 Common Law Marriage
Common law marriage is a marriage that results from the actions of a couple, despite the fact that they have not obtained a marriage license or fulfilled the requirements of a state's statutory marriage laws.
At the same time, where a couple became married under the common law of a different state or country, their marriage is likely to be recognized even in a state such as Michigan.
You should also recall that if your common law spouse becomes disabled or dies, it will be up to you to prove the validity of your marriage if your spouse's family excludes you from medical decision-making or tries to exclude you from inheriting property.
www.expertlaw.com /library/family_law/common_law.html   (593 words)

  
 Common Law Marriage or Just "Shacking Up?"
However, state legislatures began abolishing common law marriage because some of the reasons for its existence were no longer present—the country had been settled, providing couples with churches and courthouses in which to solemnize their marriages and the number of immigrants settling the country declined.
Behavior that is inconsistent with forming a common law marriage (contracting a subsequently statutory marriage, transferring property as a single person, filing separate income tax returns, having other sexual partners, etc.) may be relevant to whether the parties had a present agreement to be married during the term of the cohabitation.
Common law marriage remains a viable legal principle; it allows the court to give de jure status to a de facto marriage, if the facts and equities favor this result.
classes.washburnlaw.edu /maxw/publications/clm.html   (2176 words)

  
 Common Law Marriage, Travis County, Texas
Both partners in a common law marriage are responsible for debts and for care and support of children of the marriage.
If you are considering moving to another state, or if you think you may have entered into a common law marriage in another state because of your actions in that state, you should seek legal counsel from a family law attorney in the state which you are interested in.
Your own testimony can be evidence of the existence of a common law marriage; for example, you can testify that your partner introduced you in social situations as his wife, or that you introduced him as your husband.
www.co.travis.tx.us /dro/common_law.asp   (1046 words)

  
 Pa. court abolishes common law marriage
Common law marriage in general, he said, has posed a tremendous problem for large employers, insurance companies and pension fund administrators who have to decide whether a person who claims the status is a legitimate spouse or a fraud.
He said it has become common for cohabitating couples to claim to be in a common law marriage to get alimony or health care benefits, but say they are single if it helps lower their taxes.
She added that the circumstances that created a need for common law marriage -- namely, the potential unavailability of a preacher in Colonial times and the dependence of women on men for support -- have dissipated.
www.postgazette.com /localnews/20030919commonlocal2p3.asp   (663 words)

  
 Family Law & Lawyers - Marriage Laws - Common Law Marriage, Same Sex Marriages
Because a common-law marriage is not formally recorded, the couple, if challenged, may have to prove the existence of their marriage contract.
Where recognized, a common-law marriage is as valid as a typical marriage.Eleven states and the District of Columbia currently recognize common-law marriages.
In this type of "marriage," which was more common in frontier times, a man and woman who have lived together for a certain period of time and who hold themselves to be husband and wife are considered to be married even without a license and a formal ceremony.
www.legallawhelp.com /legal_law_channels/family_marriage_divorce_law/marriage.html   (382 words)

  
 Copyright © 2000-2005, Judicial Branch, State of Connecticut
Validity of common law marriages contracted outside the state.
Marriage of minors “(a) No license may be issued to any applicant under sixteen years of age, unless the judge of probate for the district in which the minor resides endorses his written consent on the license.
Thus, for the purposes of the laws of this jurisdiction and for the purposes of the contract, Mrs.
jud.state.ct.us /LawLib/Notebooks/Pathfinders/MarriageinCT/marriage.htm   (4556 words)

  
 The Myth of Common Law Marriage
And, while common law marriages are recognized in 15 states and the District of Columbia, it takes something a lot more deliberate than simply shacking up together to achieve such a result.
In those states that do recognize common law marriages, a couple (man and woman) must demonstrate the intent to be married in the eyes of the law.
If you do not live in a state that recognizes common law marriage, or if you are a same-sex couple, and you want to reap the benefits of marriage without the formality, the solution is really quite simple.
www.legalzoom.com /articles/article_content/article13304.html   (544 words)

  
 Original Intent Treatise - Common Law Marriage
In short, common law does not operate upon a marriage unless or until the validity of a marriage is challenged in court.
It should be pointed out that under the common law, unless there is a controversy that arrives before a court of law, which calls into question the validity of a marriage, a marriage thought proper by the consenting parties is a valid marriage.
Common law marriage is not immune to that human foible and may very well, by its nature, be more prone to misuse than some other rights.
www.originalintent.org /edu/marriage.php   (3196 words)

  
 common law marriage - NSULaw Forums
In addition, for a common law marriage age is not statutorily required but my notes say that if Sally is underage she ratifies that voidable marriage by turning 18.
Could you please clarify whether a common law marriage (in a state that recognizes it) can be VOID based on lack of capacity because of the existence of a previous marriage.
Sally’s marriage (the common law marriage in Mississippi) could be void because Ben was still married to Alice.
forums.nsulaw.nova.edu /showthread.php?s=8e0c1cfe78ed694b086496e93aaaa8a3&threadid=1359   (211 words)

  
 Pennsylvania Divorce, Annulment & Common Law Marriage
The legislation provides that it does not invalidate any common law marriage "otherwise lawful and contracted on or before January 1, 2005." Pennsylvania was one of the few remaining states to permit common law marriages until the Pennsylvania Commonwealth Court's September 2003 decision in PNC Bank Corporation v.
A common law marriage is a marriage entered into by the parties informally, without a civil or religious ceremony.
The laws of no-fault divorce recognize that human relationships are complex and that it is difficult to prove that a marriage broke down solely because of what one person did.
www.divorcehq.com /articles/annulment.html   (1179 words)

  
 Common law marriage in Pennsylvania
Other people think they will have a common law marriage if they live together, hold themselves out to the community as a married couple, and handle their legal affairs (property, taxes) as a married couple.
Common law was just a different way of getting married in Pennsylvania.
For example, a pension fund may say to a claimant, "We will pay you a surviving spouse benefit if you get a court ruling saying there was a common law marriage." In that situation, the court will expect direct evidence of the words of present intent.
users.pghconnect.com /normac/clminfo.html   (472 words)

  
 Common law marriage? Ask MetaFilter
Common law marriage exists to protect people who live and act as if they were officially married, not as a viable option for planning their lives.
I think common law marriages probably made sense hundreds of years ago, when one wouldn't want to have to find a judge (or earl or whatever) to sanctify what you, God, and everybody knew was a marriage.
I know someone who served on a jury in a common law marriage divorce case in Georgia and said it was the biggest mess she could have imagined.
ask.metafilter.com /mefi/24800   (1713 words)

  
 Common Law Marriage in Maryland
A "common law marriage" is one in which the parties may hold themselves out as a husband and wife, and under certain circumstances, be deemed married without a marriage license or ceremony.
As a result, legal action is needed to dissolve legal “common law” marriages performed in other states and foreign countries in compliance with their licensing and ceremonial regulations.
Maryland does not allow the creation of a “common lawmarriage, a relationship in which a couple lives together but have not participated in a lawful ceremony.
www.mdfamilylawyer.com /mdpages/Alimony/commonlawmarriage.asp   (205 words)

  
 DivorceNet - Common Law Marriage in Oklahoma
The fact is, the existence of a common law marriage in Oklahoma is hard to prove.
Common law marriage has more myths associated with it than perhaps any other area of family law.
In other words, common law marriage is a state of mind.
www.divorcenet.com /states/oklahoma/common_law_marriage_in_oklahoma   (332 words)

  
 Common-Law Marriage - Connecticut
Common-law marriage is an informal or non-ceremonial marriage, created by an agreement between a man and woman who have the legal right to marry.
However, because common-law is established by court rulings rather than by legislation, people who have a common-law marriage, and then become residents of Connecticut, should not assume that their common-law marriage is automatically valid in Connecticut.
If there are any legal disputes related to the common-law marriage, it may take a court ruling to establish a common-law marriage as valid.
www.infoline.org /InformationLibrary/Documents/CommonLawMarriageConnecticut.asp   (353 words)

  
 Ballard Spahr Andrews & Ingersoll, LLP Press Room News & Publications
The Court didn't apply its decision abolishing common law marriage to the parties to the case it was hearing.
Instead, it determined that a common law marriage had existed between Kretz and Stamos and that Kretz was entitled to surviving spouse's benefits.
Instead, the opinion seems to say that the rule abolishing common law marriage would be applied to future litigants only so that couples who have had a common law marriage have time to run out and get a ceremonial marriage.
www.ballardspahr.com /press/article.asp?ID=834   (634 words)

  
 common law marriage at The-divorce-resource.com provides infomation and current facts to help you with common law marriage.
the elements of a "common-law marriage " or one that arose by...
Marriage and living together legal information on domestic partners, prenuptials, changing your name, common law and...
Common-law marriage is only available in certain states in the United States and has never applied to...
www.the-divorce-resource.com /directory/marriage/common_law_marriage   (731 words)

  
 COMMON-LAW MARRIAGE
The Colorado Supreme Court has ruled that discrimination against common-law marriages (for instance, offering different benefits to employees who have common-law marriages or refusing to rent to tenants who are married by common law) is unconstitutional.
If you have a valid common-law marriage, you should be able to enjoy all the rights and responsibilities of marriage, including benefits, insurance, pension, and inheritance.
In this case, the court will decide if a common-law marriage exists before ending the marriage.
www.lawhelp.org /documents/18821commonlaw_nwproject.htm?stateabbrev=/CO   (538 words)

  
 Common Law Marriage - Equality in Marriage Institute
In order to qualify for a common law marriage, you and your partner, in general, must agree either in writing or orally to enter into a husband/wife relationship, hold yourselves out as husband and wife and acquire a reputation as a married couple.
If you and your partner live in any of the states that recognize common law marriages and do not want the state to consider you as married, you may wish to consult with a lawyer and create a document that would establish your relationship as unmarried cohabitants.
Common law marriages are recognized in only certain states, including the District of Columbia, Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah.
www.equalityinmarriage.org /bmcommon.html   (298 words)

  
 Common Law Marriage FAQ
When a common law marriage exists, the spouses receive the same legal treatment given to formally married couples, including the requirement that they go through a legal divorce to end the marriage.
Contrary to popular belief, a common law marriage is not created when two people simply live together for a certain number of years.
This type of marriage is called a common law marriage.
www.nolo.com /encyclopedia/faqs/mlt/sp8.html   (306 words)

  
 FAQ - COMMON LAW MARRIAGE
Common law marriage is a term used to describe a marriage which has not complied with the statutory requirements most states have enacted as necessary for a ceremonial marriage.
A common law marriage in Colorado is valid for all purposes, the same as a ceremonial marriage.
In 1877, the United States Supreme Court stated, in an action which questioned the validity of a nonceremonial marriage, that marriages which were valid under common law were still valid unless the state passed a statute specifically forbidding them.
www.ago.state.co.us /FAQ/CLM_FAQ.cfm   (214 words)

  
 COMMON-LAW MARRIAGE
Children born of a common-law marriage have the same rights and obligations as children from a legal marriage.
Uncertainty as to one's choice of partner, disillusionment stemming from a previous marriage and outright refusal to make a commitment are but some of the reasons for the increasing number of unmarried couples living together.
If you are among them, you may be wondering about the legal aspects of your situation.
www.notaire-remillard.com /notar/notar_info.union.en.html   (359 words)

  
 COMMON LAW MARRIAGE
Entering into a common law marriage while living in one of the states that permits them, and then moving to a state that doesn’t, the new state should recognize your marriage as being legally entered into in the other state.
As stated before a common law marriage is legally recognized as a marriage and the only way to end it is by getting a divorce.
In conclusion, because the law of marriage and divorce varies form state to state, a person who may have valuable rights affected by such laws should consult with an attorney, who specializes in such matters.
student.gtc.edu /stillss/smithc/common_law_marriage.html   (640 words)

  
 Risk & Insurance: Common law marriage issues - The Law
Generally, insurers may require common law marriage certification to prove that a union occurred prior to the change in the state's law.
The requirements for demonstrating common law marriage vary from one state to the next.
Domestic partnerships have become popular in cases where no common law marriage exists and where people cannot be legally married--such as same-sex couples.
www.findarticles.com /p/articles/mi_m0BJK/is_2_15/ai_113852851   (699 words)

  
 COMMON LAW MARRIAGE
In Texas the correct term for common-law marriage is
after the common-law marriage, the State may deem that you were never
common-law marriage will not be valid until the previous marriage is
www.jdprintz.com /page8.html   (313 words)

  
 News 8 Austin 24 Hour Local News Common Law
Texas is one of the few states in the country that recognizes common law marriage, which is referred to by Texas law as “informal marriage.”
Instead, the law requires that the couple present themselves as a married couple to the public.
Under Texas law, a man and woman may prove their informal marriage in one of two ways.
www.news8austin.com /content/living/common_law?ArID=128315&SecID=463   (411 words)

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