Two Things You Didn'T Know About Common Law Marriage

It isn't always necessary to go through the process of getting a marriage license and having a formal ceremony to be considered married. If you and your spouse have been together for a number of years and behave like a married couple, you may have what is called a common law marriage. In this type of relationship, separating isn't as easy as going your own way. Here are two things you need to know about common law marriage that may affect your rights when your relationship ends.

You Must Legally Divorce

Even though you may not have gotten married in the traditional sense, you still must get formally divorced if you want to take advantage of the benefits provided by the law, such as the right to a portion of the marital property. Common law marriages that are recognized by the state are treated the same way as regular marriages. So when it comes time for you and your soon-to-be ex-spouse to part, you must file for divorce like any other traditionally married couple.

The difference with a common law marriage, however, is you must prove you and your ex intended to be married. Since you weren't formally married—and hence don't have a marriage certificate to show as proof—you would need to use other means to prove your case.

A written agreement between you and your ex showing you intended to live together as husband and wife is probably the best proof you can have. Typically, you would need to create this type of agreement for any legal purpose, such as for adding the person to an insurance policy. If you don't have such an agreement, pulling together as much supporting evidence as possible will be your next bet.

Things that can help you prove your case includes:

• Joint tax returns
• Joint bank accounts
• Testimony from friends and family showing you passed yourselves off as married
• Joint property ownership (e.g. home, vehicle)
• Joint credit cards
• One person taking the other's last name

The more evidence you can gather, the stronger your case.

There are Time Limits for Claiming Recognition

Another issue with common law marriage is the state may limit the amount of time you have to prove your relationship status and obtain benefits. In Utah, for example, you must petition the court to recognize your marriage within one year of the relationship ending; otherwise, you'll lose the right to make any claims using the state's divorce laws. It's important to research whether this applies in your home state and file your petition as soon as possible.

For more information about common law marriage and divorce, contact an attorney, like Law Office of Jared T. Amos.