News & Analysis as of

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 -

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

by 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

A valid marriage is required to file a Joint Return. What is a valid marriage?

by Sanford Millar on

Assuming that you have a valid marriage for federal income tax purposes, as defined in “Section 301.7701-18(b) (1) of the Procedure and Administration Regulations that a marriage of two individuals is recognized for federal...more

Same Sex Common Law Marriage Established by Superior Court

by 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

Domestic Partnership Agreements: Support upon Termination of the Relationship

by 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

DOL Issues Final Rule Redefining “Spouse” Under FMLA

Last Wednesday the Department of Labor (DOL) issued its Final Rule revising the definition of “spouse” under the Family and Medical Leave Act....more

Common Law Marriage – Fact or Fiction?

Obermayer family law attorney Stephanie Winegrad answers questions about common law marriage in Pennsylvania and New Jersey....more

Common Law Marriage is NOT so Common.

by Matthew Thompson on

Common Law Marriage, when it was abolished in MS, and when they are still recognized by the State....more

FMLA Leave For Same-Sex Couples To Be Clarified by Supreme Court's DOMA Decision?

by Franczek Radelet P.C. on

This past Friday, the United States Supreme Court announced that it would consider whether the Defense of Marriage Act (DOMA) unlawfully denies benefits to gay and lesbian couples who are married in states that allow such...more

What A Common Law Marriage Does To Your Estate Plan

by Evan Guthrie Law Firm on

What A Common Law Marriage Does To Your Estate Plan Common law marriage is still in practice in Alabama ,Colorado, The District of Columbia, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina,...more

Living together survival guide

by elizabeth saunders on

This article explains the potential legal pitfalls facing couples who live together and how to protect assets in the event of separation....more

What to Know about Common Law Marriage in Colorado

by Glen Goldman on

Common Law Marriage in Colorado requires more than just living together. ...more

A Trend Toward State Recognition of Same-Sex Civil Unions

by Proskauer Rose LLP on

On July 2, 2011, Rhode Island Governor Lincoln Chafee signed legislation that allows same-sex couples to form civil unions effective as of July 1, 2011. The law comes just days after New York passed legislation legalizing...more

Legal Alert: Illinois Civil Union Law Impacts Employers

by FordHarrison on

The Illinois Religious Freedom Protection and Civil Union Act (Public Act 096-1513), which took effect June 1, 2011, provides civil union partners in Illinois all of the legal rights and obligations to which opposite-sex...more

Does Arizona Recognize Common Law Marriages Created in Another State?

by Timothy Durkin on

Even though common law marriages are not recognized under Arizona state law, Arizona does acknowledge opposite-sex marriages created in other states. As a result, if a couple first enters into a common law marriage in another...more

Estate Tax Lessons from 2010 and Things to Watch Out for in 2011

by Crider Law PC on

A revocable living trust is a wonderful tool, but it’s just an empty vessel until you fund it by re-titling your assets in the name of your trust. Michael Jackson created what is most likely a wonderful living trust, but his...more

Milliaband Marriage

by Yvette Rooke on

Milliband Marriage...more

Florida Common Law Marriage

by David Wolf on

Florida has not recognized Common Law Marriage since 1968. In 1960, only 460,000 couples identified themselves as living together without marriage, according to CBS News. In 2007, USA Today reported that 6.4 million people...more


by Seth Crosland on

In Texas, a "common law" marriage is referred to as an informal marriage. An informal marriage has certain requirements in order to be valid. This guide will point out these requirements, as well as talk about the...more

ask the expert

by Sandra Radna on

Common Law Marriage in New York...more

Insurance Issues and Common Law Marriage

by Christina Dixon on

When insurance issues are interjected into any type of case a myriad of complex issues arise. Insurance touches almost every aspect of our every day life and relates to claims of injury, health, property damage, and death. ...more

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