Learning About Common Law Marriage

by Kristyne McDaniel

Common law marriage is a type of relationship that can be referred to by many different names in the legal arena. Some of the other terms that refer to common law marriage are "informal marriage" or "marriage by habit or repute". Essentially, common law marriage refers to the notion of a man and a woman and their interpersonal status. There are many misconceptions about common law marriage. The most commonly misunderstood fundamental of common law marriages is that they are not legally recognized like other marriages. Common law marriages are, in fact, legally recognized and have all of the beneficial aspects of a normative marriage except that the framework of the benefits and of the terms of the legal description are worded differently. In other words, it is almost entirely a semantic argument.

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.

The specifics of common law marriage as pertains to any legal distinction seems to be entirely reliant on where the relationship exists. The benefits  can vary drastically from state to state based on the variances in policies and laws involved. As people move from state to state, the very terms of their common law marriage could be changed as well. It may be a good idea, if one is considering common law marriage, to research the legal ideologies of specific states to determine if common law marriage is really the best option.