In the United States, most couples follow a conventional route to marriage by first acquiring a marriage license and then participating in either a civil or religious ceremony. This formalized approach is generally accepted nationwide. An alternative type of marriage, common law marriage, is recognized in certain states, permitting couples to be deemed legally married without a license. However, for a common law marriage to be valid, couples usually must fulfill specific requirements, which can differ by state. It is also crucial to understand that although only a handful of states recognize common law marriage, couples legally recognized as married under common law in those states will also be viewed as married in states that do not accept common law marriage. This implies that their marital status is upheld across state lines, which can be vital in legal contexts. Despite this, significant confusion remains surrounding common law marriages. To better understand these laws, contact the King Law Offices by calling (888) 748-KING and speak to our skilled North and South Carolina family law attorneys.
What Is Common Law Marriage?
Common law marriage is a legal concept that applies to couples who live together for a significant period and hold themselves out to others as being married, even though they have not obtained a marriage license or participated in a formal wedding ceremony. This type of marriage is recognized in certain jurisdictions, where specific criteria must be met for the relationship to be considered legally valid. Typically, the couple must cohabit for a certain number of years, demonstrate mutual consent to the marriage, and share a public declaration of their relationship as a married couple. Additionally, they may need to show joint financial responsibilities, such as shared bank accounts or property ownership. The requirements for establishing a common law marriage vary by state, so couples must understand the laws applicable in their location.
Is Common Law Marriage Valid in North Carolina?
According to the North Carolina State Bar, North Carolina does not recognize common law marriage, meaning that couples cannot be legally married simply by living together for a certain period. Instead, couples who wish to get married in the state must go through the formal process of obtaining a marriage license. To do this, they need to meet specific requirements, which typically include providing valid identification, such as a driver’s license or passport, and possibly meeting a waiting period, depending on the circumstances.
Is Common Law Marriage Valid in South Carolina?
On July 24, 2019, the South Carolina Supreme Court ruled in the case of Stone v. Thompson, officially ending the recognition of common law marriage in South Carolina. Prior to this change, common law marriage allowed couples who lived together and met certain criteria to be considered legally married without formalizing their relationship through a wedding ceremony or marriage license. Although the law no longer permits new common law marriages to be formed after this date, couples already recognized as being married under common law before July 24, 2019, will still retain their marital status.
Misconceptions About Common Law Marriage
Common law marriage is often misunderstood, leading to various misconceptions about its criteria and implications. A common myth is that simply living together for a certain period automatically grants a couple common law marriage status. While cohabitation is a relevant factor, it is not the only requirement. Most jurisdictions that recognize common law marriage mandate that couples openly and consistently present themselves as married in public. This includes actions that suggest a marital relationship, such as referring to each other as spouses and showing commitment to one another.
Furthermore, specific criteria must be fulfilled for a common law marriage to be legally recognized. For example, both individuals must share a mutual understanding or intention of entering into marriage. If one partner opposes marriage and does not agree to the concept of tying the knot, or if their public conduct does not reflect a marital relationship, establishing a common law marriage becomes unlikely. Therefore, even if a couple has cohabited for an extended time without mutual consent, public acknowledgment, and the intention to marry, they will not satisfy the legal criteria for common law marriage.
If You Have Children Together, Will You Be Married Through Common Law Marriage?
Having children together does not create a common law marriage, even in states that acknowledge such unions. For a common law marriage to exist, couples must satisfy certain criteria, and simply having children does not fulfill these. Nevertheless, when a couple living together and raising children chooses to separate, they will need to navigate the legal aspects of child custody and support. This entails adhering to relevant laws to safeguard the children’s best interests during the separation, including critical matters such as their living arrangements and the allocation of financial duties.
Is There Such a Thing as Common Law Divorce?
While some states acknowledge common law marriage, none provide specific regulations for common law divorce. Couples intending to separate must pursue a formal legal divorce. Simply living apart or casually claiming the marriage has ended does not equate to a legal separation.
In most jurisdictions, obtaining a legal divorce is necessary to formally dissolve the marriage and address matters such as asset distribution, alimony, and, if applicable, child custody and support. Until the divorce process is completed, the couple remains legally married, maintaining all related rights and obligations. As a result, those seeking a divorce from a common law marriage should consider contacting King Law Offices and consult with an experienced family law attorney regarding their legal options.
Contact King Law Offices Today
If you have experienced a common law marriage in a different state or are considering taking the steps to enter into a legal marriage in South or North Carolina, it is important to seek clarity and guidance. Understanding the legal implications and requirements can make a significant difference in your journey toward marriage. To learn more about these legal issues, contact the King Law Offices by calling our experienced South and North Carolina family law attorneys at (888) 748-KING.