What Is Common Law Marriage?

A common law marriage is a marriage that is legally valid even though the couple didn’t have a wedding ceremony or obtain a marriage license. How is that possible? Back in the old days, before there were actual laws that defined the legal requirements for marriage, certain behaviors, customs, and norms are what would show that a couple was married.

Living together, having an implicitly or explicitly monogamous relationship, and raising children–these are all fairly obvious indicators of a marriage by traditional standards.

After states began putting legal definitions and requirements on getting married, some states passed additional laws specifying conduct that would establish a common law marriage.

Today, only elven states still allow couples to enter into a true common law marriage, and California is not one of those states.

Common Law Marriage Legal Requirements

Although requirements vary slightly from state to state, the essential elements are the same. In general, couples must meet requirements for marriage such as being single and of legal age, and in addition must do all of the following:

• Agree that they are, or intend to be, married
• Live together
• Conduct themselves in a manner that would lead others to believe that they are married

A “manner that would lead others to believe that they are married” includes things like referring to each other as husband and wife, using the same last name, and filing a joint tax return.
 

Ending A Common Law Marriage

Couples ending a common law marriage must go through legal divorce proceedings, just like any other married couple. The wrinkle is that they must first prove that there has been a marriage to begin with.

If one spouse denies that the marriage existed, the other spouse will need clear evidence that both partners intended to be married. Evidence could include items like a written agreement or witnesses to the couple’s behavior.
 

When To Call An Attorney

If you know or believe you are in a common law marriage and need assistance with divorce, you should call a family law attorney and have them walk you through the process.

At Vonder Haar Law, we’re happy to discuss your unique circumstances and guide you through the steps you’ll need to take for a successful divorce. Please contact us today or request a free phone consultation.