Hey everyone, it’s Makayla here, and today we’re tackling a topic that’s both fascinating and a bit controversial: common law marriages. As ordained wedding officiants, we’ve seen all kinds of unions, from traditional ceremonies to informal arrangements. But what exactly is a common law marriage, and what are the pros and cons? Whether you’re considering this option or just curious, let’s break it down.
What Is a Common Law Marriage?
First, first—what is common law marriage? In the U.S., common law marriage is a formal marriage between two persons who live together and present themselves as being wed but don’t have a marriage ceremony or license. However, not all of the states recognize common law marriage, and requirements are extensive.
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States That Recognize Common Law Marriage:
- Colorado
- Iowa
- Kansas
- Montana
- New Hampshire (only for purposes of inheritance)
- South Carolina
- Texas
- Utah
Essential Requirements
- Cohabitation: The couple must live together for a significant period.
- Intent: Both parties must intend to be married.
- Public Representation: The couple must present themselves as married to others (e.g., using the same last name, filing joint taxes).
If you’re considering a common law marriage, check your state’s laws to ensure it’s recognized and understand the requirements.
The Pros of Common Law Marriage
Now, let’s talk about the benefits of common law marriage. For certain couples, this is a hassle-free and flexible means of enjoying the advantages of marriage without a formal ceremony.
No Formal Ceremony Required
One of the best things about a common law marriage is that it doesn’t require an official ceremony or marriage license. This can be a blessing for couples who don’t wish to go through the trouble and expense of a traditional wedding.
Why It’s a Pro:
- It’s simple and straightforward.
- It eliminates wedding planning.
- It’s ideal for reserved couples.
A couple I worked with chose a common law marriage since they didn’t need the stress of a big wedding. They just wanted to start their life together.
Legal Recognition (in Some States)
In states of common law marriage, the couples are given the same privileges and rights as couples who are traditionally married. This includes such rights as inheritance rights, being covered by health insurance, and tax benefits.
Why It’s a Pro:
- It provides legal protection to both parties.
- It ensures access to spousal privileges.
- It simplifies legal processes such as taxation or medical decision-making.
If you’re in a state that recognizes common law marriage, make sure to document your relationship (e.g., joint bank accounts, shared bills) to prove your marital status if needed.
Flexibility and Autonomy
Common law marriage offers a level of flexibility and autonomy that formal marriages don’t. Couples can define their relationship on their own terms without societal or legal pressures.
Why It’s a Pro:
- It allows couples to create their own rules.
- It is the best option for those who value autonomy.
- It can feel more natural and less restrictive.
The couple opted for a common law marriage because they wanted to place their relationship in the foreground without adhering to traditional norms.
The Drawbacks of Common Law Marriage
Now, common law marriage is wonderful, but it does have some serious disadvantages. Below are a few of the drawbacks to consider:
Limited Legal Recognition
One of the worst things about common law marriage is that it’s not recognized legally in every state. If you’re moving to another state where common law marriage is not legal, you could end up losing your rights as a couple.
Why It’s a Con:
- It can lead to legal problems when you travel or move.
- It may not be recognized by employers, insurance companies, or government agencies.
- It can lead to marital status conflicts in court cases.
If you’re in a common law marriage, it’s a good idea to get a formal marriage license if you’re relocating to a state that doesn’t recognize it.
Uncertainty and Documentation
Unlike formal marriages, common law marriages are typically poorly documented. That makes it difficult to prove your marital status to a court or in financial contexts.
Why It’s a Con:
- It may lead to confusion regarding inheritance, property, or benefits.
- It may take attorneys’ assistance in proving your marital status.
- It may cause doubt in crisis scenarios (e.g., medical decisions).
One couple had trouble when one was in the hospital and the other was not recognized as a legal spouse. They had to sue them to have their common law marriage recognized.
Risk of Misunderstandings
Because common law marriage is not as clearly defined as legal marriage, there is a risk of misunderstandings between partners or with third parties.
Why It’s a Con:
- The partners may have different visions of what the relationship should be.
- Family and friends may not understand or respect the union.
- It can create confusion in legal or financial matters.
If you’re in a common law marriage, have open and honest conversations with your partner about your expectations and legal rights.
Conclusion: Is Common Law Marriage Right for You?
There you go, the pros and cons of common law marriage in the USA. It has its convenience and flexibility, yet it has legal and practical problems too. If you’re thinking of pursuing this, see to it that you weigh things properly.
If you require an ordained minister to help you plan your wedding or marriage ceremony, reach out to us at Lifelong Wedding Ceremonies. You can visit our website at www.lifelongweddingceremonies.com, email us at LifelongWeddingCeremonies@gmail.com, or call/text us at (405) 696-6450. We desire your wedding day to be the best and most stress-free possible.
