Common law marriage involves more than just cohabitation. Living together doesn’t automatically mean you’re married. Understanding these requirements is key to clarifying your marital status under the law.
To be legally recognized as common law married, you must meet three essential tests:
Cohabitation
Living together is a factor, but it’s not the only requirement.
Holding Out as Married
You must present yourselves as married to others.
Mutual Agreement
Both parties must agree to be married.
Meeting all three criteria is crucial. Even if you live together and present yourselves as married, without mutual agreement, a common law marriage may not be recognized. Additionally, there’s a two-year statute of limitations on common law marriage claims.
But fear not! Evidence such as shared finances, joint tax filings, or being listed as spouses on official documents can strengthen your case. I’ve even successfully proven a common law marriage after 23 years of separation using military records.
It’s also worth noting that if you later decide to have a ceremonial marriage, it’s presumed that there was no prior common law marriage. However, evidence can still be presented to prove otherwise.
So, remember, just living together isn’t enough to establish a common law marriage. Understanding the legal requirements and gathering supporting evidence is key.
Stay tuned for more myth-busting insights on family law topics, and feel free to reach out if you have any questions or concerns. We’re here to help you navigate the complexities of marriage and divorce law with confidence.
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