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Common Law Marriage

Common Law Marriage is an arrangement where non-married persons are treated as married persons under the law. The arrangement has been abolished in the vast majority of U.S. states; currently, only nine states... more +
Common Law Marriage is an arrangement where non-married persons are treated as married persons under the law. The arrangement has been abolished in the vast majority of U.S. states; currently, only nine states allow common law marriage: Alabama, Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas and Utah. A handful of other states will recognize common law marriages if they existed prior to a particular cutoff date. While exact requirements vary according to jurisdiction, the typical requirements of a common law marriage are: 1) Agreement to be married 2) Cohabitation 3) Holding oneself out as married. less -
Fleurinord Law PLLC

The Importance of Estate Planning for LGBTQ+ Couples in Texas and Florida

Fleurinord Law PLLC on

The landscape of marriage in the United States has transformed significantly, particularly for same-sex couples, following pivotal legal battles that sought to recognize their right to marry. Understanding the nuances of...more

Smith Debnam Narron Drake Saintsing & Myers,...

Common Law Marriage in North Carolina

Smith Debnam Narron Drake Saintsing & Myers,... on

Typically in the United States, a couple gets married by obtaining a marriage license and having a marriage ceremony.  In some states, however, a couple can be deemed married by cohabiting and presenting themselves to the...more

Gray Reed

Live-In Mom Killed Daughter’s Father: Her Rights to the Child’s Inheritance?

Gray Reed on

Kittie started dating her daughter’s boyfriend Butch when he was 17 years old. They apparently dated for over twenty years, during which time Kittie purchased him a house to “use.” Butch later moved into the house with his...more

Lasher Holzapfel Sperry & Ebberson PLLC

Top Divorce Myths in Washington State

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As a divorce attorney, I’ve noticed that there are a few widely held false beliefs regarding divorce laws in Washington state. Here are the most common and potentially the most dangerous for those headed for a divorce:...more

Barnea Jaffa Lande & Co.

Married and Common-Law Couples – Division of Property

Barnea Jaffa Lande & Co. on

The Israeli Supreme Court recently handed down an important ruling addressing the issue of division of property between common-law spouses. Specifically, the ruling changes the “presumption of property sharing” arrangement...more

Lerch, Early & Brewer

What You Need to Know: Common Law Marriage in Washington, D.C.

Lerch, Early & Brewer on

You may have heard of common law marriage or you may know someone who refers to another as their “common law spouse,” their “common law wife,” or their “common law husband.” But what exactly is it and what does it mean?...more

Fox Rothschild LLP

Is a Gift a Gift if You Don’t Know You Got it?

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The issue of gifting comes up with some frequency in family law cases. Generally, gifts from third parties that are not subsequently commingled are exempt from equitable distribution. Parties also make gifts to children and...more

Husch Blackwell LLP

Florida Supreme Court Grants Review of Common Law Marriage-Before-Injury Rule on Loss of Consortium Recovery

Husch Blackwell LLP on

Florida’s Fourth District Court of Appeal recently held that to recover for loss of consortium under the Florida Wrongful Death Act, a surviving spouse must be married to the decedent at the time of injury—not the time of...more

Lasher Holzapfel Sperry & Ebberson PLLC

Washington Family Law: Appealing Your Case When the Issue Concerns a Committed Intimate Relationship

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I have previously blogged about Committed Intimate Relationships (“CIR”) and how courts handle them at the trial level . In addition, CIR have also been reviewed by the Appellate and Supreme Court of Washington....more

Weber Gallagher Simpson Stapleton Fires &...

Let's Talk About Common Law Marriage

Weber Gallagher Simpson Stapleton Fires &... on

Common law marriage is one of Pennsylvania’s most confusing legal topics. Does common law marriage still exist? If you are common law married, what are the proceedings to get a divorce? Family law partner Lawrence J. "Skip"...more

Parker Poe Adams & Bernstein LLP

Common Law Marriage & Estate Planning in South Carolina

Parker Poe Adams & Bernstein LLP on

Whether two people are legally married is a decidedly important factor in estate planning and probate in South Carolina. For instance, spouses cannot unilaterally disinherit each other while non-spouses can; spouses are free...more

Lasher Holzapfel Sperry & Ebberson PLLC

In re Dewitt: An Example of Washington’s “Committed Intimate Relationship” Doctrine Applied to a Very Fact-Intensive Case

Lasher Holzapfel Sperry & Ebberson PLLC on

In a prior blogpost, I discussed Washington State’s Committed Intimate Relationship Doctrine (“CIR”) and outlined the five non-exclusive factors courts consider in determining whether a CIR existed:...more

Lasher Holzapfel Sperry & Ebberson PLLC

Not Married, Not a Problem: Washington State’s “Committed Intimate Relationship” Doctrine Provides a Means for Some Unmarried...

Lasher Holzapfel Sperry & Ebberson PLLC on

In a divorce, the judge will have to divide your marital property and debts between the spouses. The division must be “just and equitable” under the circumstances of the relationship. But can an unmarried couples receive a...more

Holland & Hart LLP

An Updated Test for Common Law Marriage

Holland & Hart LLP on

Colorado is one of only nine states that still recognize common law marriage, including Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, Utah, and Texas, as well as the District of Columbia. Claims of common...more

Burns & Levinson LLP

Recent Appeals Court Decisions Clarifying Durational Limits for Alimony: Part 2

Burns & Levinson LLP on

In my last blog post, I discussed the Clement v. Owens case, one of two recent decisions from the Appeals Court which further defined and clarified the durational limits of alimony in Massachusetts under the 2012 Alimony...more

Nelson Mullins Riley & Scarborough LLP

The Scrivener: Opinions That Made a Difference, Part 2

Nelson Mullins Riley & Scarborough LLP on

The last Scrivener column covered some significant opinions that have made a lasting difference in South Carolina’s history. This column covers more decisions, all suggested by readers who have seen the effect of these...more

McAfee & Taft

Is my employee common law married?

McAfee & Taft on

Oklahoma remains one of about only a dozen states that recognize common law marriages. Despite the Legislature’s sporadic attempts to effectively abolish such marriages, the Oklahoma Supreme Court has recently determined in...more

McAfee & Taft

So… are they married or not? - Gavel to Gavel

McAfee & Taft on

Oklahoma remains one of about only a dozen states that recognize common law marriages. Despite the Legislature’s sporadic attempts to effectively abolish such marriages, the Oklahoma Supreme Court has recently determined in...more

Burr & Forman

South Carolina Employment Law Letter: Supreme Court Ruling Signals Death of Common-Law Marriage in South Carolina

Burr & Forman on

In 1832, South Carolina adopted common-law marriage by way of a court decision, holding the union was a matter of civil contract that didn’t require a ceremony. Rather, two people were married when they agreed and intended to...more

Fisher Phillips

South Carolina Abolishes Common-Law Marriage: The Impact On Workplace Law

Fisher Phillips on

The South Carolina Supreme Court just ruled that the state will no longer recognize common-law marriages. This decision will have a direct impact on South Carolina workplace law, requiring many employers to adjust their...more

Jackson Lewis P.C.

Employers Beware: SC Abolishes Common-Law Marriage

Jackson Lewis P.C. on

On July 24, 2019, South Carolina joined the ranks of Alabama, Pennsylvania, and others in abolishing future recognition of common law marriages in the state. The state will continue to recognize all common law marriages in...more

Burns & Levinson LLP

New Decision Provides Clarity on Pre-Marital Economic Partnerships and Impact on Alimony Duration

Burns & Levinson LLP on

“We have been together for so long, it is as if we are married.” In a small number of jurisdictions, including nearby Rhode Island, a couple can be legally recognized as being married, without any formal registration of a...more

Proskauer - Proskauer For Good

Inability to Leave an Abusive Relationship Can Be a Basis for Asylum

Proskauer - Proskauer For Good on

When can domestic violence form the basis of a successful asylum claim? A New York City immigration judge recently granted asylum to one of our pro bono clients who was found to have suffered past persecution on account of...more

Fox Rothschild LLP

Same Sex Common Law Marriage Established by Superior Court

Fox Rothschild LLP on

Since the striking down of the Defense of Marriage Act by the United States Supreme Court, many state courts have been trying to fill in the legal vacuum created between the legality of same-sex marriage and the lack of...more

Carlton Fields

Domestic Partnership Agreements: Support upon Termination of the Relationship

Carlton Fields on

This is the fourth installment of a seven-part series. Florida law generally provides, when there is no premarital agreement, a marrying person’s right to alimony depends on the person’s need for alimony and the other...more

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