What is a Common Law Marriage?

After living with a man for 7 years, I had always thought we would be considered common law spouses. But when I began looking into it, I discovered that common law marriages don't work that way.

There's a lot of myths that run rampant about what a common law marriage is and isn't. Here are ways to tell if your relationship qualifies as common law or not.

How do you present yourselves to the outside world? In order for a relationship to be considered common law, you must present yourselves as spouses. This is done by introducing yourselves as husband and wife, filing a joint tax return and even using the same last name. The world has to see and consider you married.

Does how long you have lived together really matter? Living together for a certain amount of time does not mean that your relationship qualifies. It helps you on your way, but you aren't common law just by living with someone for an extended period of time. This is one of the biggest myths about common law marriages.

Does your state recognize common law marriages? Not all states will recognize a common law marriage. These are the states that will recognize it: Alabama, Colorado, District of Columbia, Iowa, Kansas, Montana, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, and Utah.

These states will recognize the marriage, but have a lot of other restrictions: Georgia, Idaho, New Hampshire, and Ohio.

If you spend time in a state that recognizes common law marriages and tell people you are married, then you return to a state that doesn't recognize them. You can still be considered common law. All states recognize marriages performed in other states and that rule holds true for common law marriages.

Common law or traditional, marriage comes with a lot of responsibility. If your state recognizes your common law marriage and you decide to leave your partner, you must get a divorce or the marriage will remain valid. Your marriage falls under the same rules as any other married couple.

So, if do not intend to marry but live together in one of the above states. You must not ever hold yourselves out as being married. You could then be considered common law.

Fortunately, my boyfriend and I have decided to marry and make it all legal. Even though we would be considered common law, he introduces me as his wife all the time. But the state of Indiana doesn't recognize those types of unions. Guess we will just have to do the Las Vegas wedding thing.