A Family Lawyer: Understanding Common Law Marriage
A few decades ago, there were no well-defined laws that dictated what factors should be considered when determining whether spouses were married under common law. However, modern laws are clearer about when couples are regarded as married under common law. If you are living with your spouse and have not acquired a marriage certificate, you should consult a Family Lawyer to know whether you fall under the common law marriage. The following are some of the things you should know about common law marriage.
Typical legal requirements for common law marriage
There are several factors that may be used to determine whether your partnership falls under the common law marriage. These factors include:
1. You and your spouse must have reached the legal adult age.
2. You and your partner should not be married to another partner.
3. Having lived together for a certain minimum period as stipulated by the law.
4. Having lived in a manner that suggests you consider each other as marriage partners. For example, some acts like using the same last name and referring to each other as husband and wife especially in public among others.
These are some of the common factors that may be considered when determining whether you are married under the common law. It is important to know that the provisions that govern common law marriage may vary from one state to another. It is, therefore, wise that you consult a lawyer who understands common law marriage as stipulated in your state.
Changing your state of residence
Certain circumstances may force you to change your state of residence such as being posted to another state by your employer among others. If this is your case, you should not worry as the United States Constitution stipulates that there be coordination between state laws. This means that if you are married under common law, other states should consider you as married even if they don’t recognize common law marriage.
These are some of the things you should know about common law marriage. If you are not sure whether you and your spouse are married under common law, consult a Family Lawyer from Gnuse & Green Law.
