Common Law Marriage: Not So Common

wedding stained glass window For many, the idea of a marriage might be a frightening proposition. The costs for a formal wedding might scare a person into skipping the ceremony. Those couples might choose to cohabitate and form bonds of a Common Law Marriage.

However, many states do not recognize the legal rights of those couples in common law relationships. As a matter of fact, only eleven states and the District of Columbia permit Common Law Marriages. These states include Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, and Utah.

Four other states have restrictions regarding those marriages — Georgia, Idaho, Hew Hampshire, and Ohio. Marriage is starting to sound less frightening and certainly less confusing and worth the cost.

For those who are in Common Law Marriages, it does get very confusing when moving from one state to another. For example in a state such as Michigan there is no CLM regardless on how long a couple lives together. However, the "full faith and credit" rule of the U.S. Constitution would compel the state of Michigan to recognize the marriage made valid under the laws of another state. All states should recognize the partners' rights since they were "married" when they moved to another state.

For those living in states like Nevada where the Common Law Marriage is not recognized the legal rights or protections provided by a marriage are not granted to couples cohabitating. If cohabitation does not result in common law marriage, one partner may not have any say in how the other partner is treated. In the event of a disability, the spouse may not even have a right to visit a partner in a hospital, and won't have any right to inherit unless named in the will or estate plan.

Knowing the laws for Common Law Marriages and where they are recognized or not can be very important when considering a future together. The simple solution might just be a trip to Vegas and a visit with "Elvis."

By the way, to dissolve a valid Common Law Marriage one must file for a dreaded DIVORCE just like the rest of the married folks!