What Is Common Law Marriage?
Common law marriage is a type of relationship that has many different legal names, such as “informal marriage” or “marriage by habit or repute”. Basically, common law marriage refers to the status of a man and a woman’s interpersonal relationship. There are many errors that people make when they try to define common law marriage. The most common of these is that common law marriages are not legally recognized like other marriages. In fact, common law marriages have all of the legal status of a conventional marriage and have all of the benefits. The only difference is in the wording and the terms.
There are some differences that are worth looking at in terms of common law marriages that go beyond semantics, however. For one, there is no actualized public record of a common law marriage, therefore, there is no marriage license. For this reason, common law marriages are not licensed by governments, but they are recognized. The marriage license does not necessarily serve as any sort of legal binding document to enable benefits. The benefits arrive strictly based on the overall status of the relationship. Common law marriages are also not necessarily delivered with a ceremony or “solemnized” so there is no need for witnesses in a common law marriage.
For these reasons, there is no such thing as common law divorce. A relationship merely ends, much like a dating relationship ends. The requirements for common law marriage are, however, much the same as they are for conventional marriage. This may differ from state to state, but essentially common law partners must agree to consent of union, be of legal age or have parents’ permission, and demonstrate a clear living pattern. There is, of course, much debate as to whether or not common law marriage should be referred to as a marriage. The real legal difference between that of a marriage and that of a common law marriage is simply that there is no licensing and no solemnized ceremony to bind the couple under legal implications. In a marriage, couples wanting to divorce must file legal documents. In a common law relationship, this is not necessary.
There are many differences from state to state in terms of legal definitions of marriage. Some states require marriage records, for example, to deliver benefits to couples. Common law marriages do not have these records, so they would not be entitled to apply for the benefits even though there is no legal issue separating them from getting the benefits. It can be very perplexing, but it is really a matter of semantics that prevents people from getting the benefits they need.
In terms of common law marriage, the distinction certainly seems to be entirely dependent on where the common law relationship exists. It is likely that the relationship and the benefits that the couple is entitled to could change drastically from state to state. It is also likely that as people move from state to state, they would encounter different reasons to not marry as the benefits may be significantly better for common law couples than they are for conventional marriages. As with most legal matters, there are many aspects that can be difficult to understand. Common law marriage, in its strictest overall legal sense, isn’t all that different from a conventional marriage.
