Let's Talk About Common Law Marriage
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
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
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
Season 9, the latest season of TLC’s 90 Day Fiancé is well underway. In addition to the regular questions as to whether the romantic relationships will survive, there’s also the test of the US immigration system and the...more
Estate planning is a process that must be customized to fit each individual’s unique situation. Each individual has their own priorities and issues to address. The priorities and issues for an unmarried individual are often...more
Marriage has always been governed by state law, and it is only in very recent history that select states began revising their definitions of marriage to acknowledge the rights of all couples to be married. While Massachusetts...more
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
On November 20, 2019, California attorney Jeffrey T. Makoff presented to the Sacramento Estate Planning Council on the topic: “Welcome to the Post-Marriage World: How to Plan for a Generation That Says ‘I Don’t.’” Jeff...more
“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
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
How do domestic partnership agreements (DPAs) and prenuptial or premarital agreements differ? Marriage contracts between two people who plan to marry are prenuptial agreements or antenuptial agreements. Marriage...more
This is the fifth installment of a seven-part series. Florida law provides for various death benefits if a married person predeceases his or her spouse and they have no premarital or postnuptial agreement. For unmarried...more
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
The decision by the United States Supreme Court on same-sex marriage has been greeted with praise and disdain by different corners of the country. The faith-based community has been especially outspoken. This is not...more
Partners may acquire a home together, and they may contribute different amounts toward the purchase price. During their relationship, they may contribute different amounts toward improvements, the mortgage, insurance, and...more
On June 26, 2015, in Obergefell v. Hodges, the Supreme Court of the United States determined that it is unconstitutional for a state to ban same-sex couples from exercising the fundamental right to marry. As a result of this...more
The recent U.S. Supreme Court decision inUnited States v. Windsor overturning Section 3 of the Defense of Marriage Act (DOMA) raised several questions regarding the federal tax treatment of same-sex couples. (See Holland &...more
We recently sent an E-Alert on what the recent Supreme Court same-sex marriage decisions mean for employers, but what do those decisions mean for the couples themselves in terms of employer and tax benefits?...more
Last month, the Supreme Court declared unconstitutional the Defense of Marriage Act's requirement that only opposite-sex marriages may be recognized for federal law purposes. The Court's decision became effective July 21,...more
In today’s world, fewer marriages exist and more people are cohabitating in committed relationships for various reasons. Arizona’s community property laws do not apply to the ownership of real property between...more
On June 26, 2013, in U.S. v. Windsor, the United States Supreme Court struck down the portion of the Defense of Marriage Act (“DOMA”) that defined marriage as a legal union between one man and one woman. This decision will...more
The US Supreme Court has ruled that Section 3 of the Defense of Marriage Act (DOMA), which defined marriage for federal law purposes to mean opposite-sex marriage, is unconstitutional (United States v. Windsor, 2013 WL...more
On June 26, 2013, the United States Supreme Court overturned Section 3 of the Defense of Marriage Act (“DOMA”), which required the federal government to deny married same-sex couples the rights and benefits provided to...more
In Windsor v. United States, No. 12-307 (June 26, 2013), the Supreme Court ruled that the section of the Defense of Marriage Act (DOMA) that required federal laws to ignore same-sex marriages that are legally entered into...more