A brief guide to common law marriage in Vermont

The state of Vermont only recognizes spouses as being in a relationship if they obtain a marriage license and undergo a legally binding ceremony.

Common law marriages in Vermont are not recognized, as is the case in all but ten states and Washington D.C. If you enter into this relationship in another state, you will need to consider getting formally married if you move. Your common law marriage in VT is not valid.

There are several reasons why common law marriage in Vermont is not legally recognized. In states where this is allowed, a husband and wife must both present themselves to other people as such.

Where in other states witnesses can be called upon to validate that both partners have taken this state, such testimony still would not lead to legal recognition of common-law marriages in Vermont.

In states that recognize such arrangements, couples may jointly file their tax returns and otherwise claim all financial benefits due to married people.

However, you cannot enter into common law marriage in Vermont and will need to apply for a license. To convert common-law marriages in Vermont into a more formally recognized arrangement, both spouses will need to appear in person at their local courthouse.

American citizens age 18 and older will only need a government-issued ID to establish that they are of age to convert their common law marriage in VT.

Resident aliens will need their passport, as well as a copy of their work visa, in order to convert their common law marriage in Vermont into a formal marriage.

After a ceremony, you should retain a copy of the marriage certificate changing your common law marriage in VT into a formal union.

This document will serve as proof establishing your relationship in the event of divorce or a spouse’s death. In either case, common-law marriages in Vermont are not recognized. A certificate will be the basis of any legal action taken relating to a relationship more formal than a common law marriage in VT.

If you move from another state and do not wish to formalize your common law marriage in VT, it is still possible to ensure they will automatically inherit your estate in the event of your death.

Even if your common law marriage in Vermont will not be recognized, you can create a will detailing how you wish for assets and estate to be divided. By creating a will whose language is clear and legally correct, you can help avoid having your estate litigated over in probate court.

In doing so, you will make it irrelevant whether common-law marriages in Vermont are recognized.

When moving from a state which recognizes this marriage, think about what action best suits you. Some people will not be concerned about losing recognition of their common law marriage in Vermont.

For others, it may be necessary to think about getting changing a common law marriage in VT to a formal relationship for financial reasons, to maintain joint health insurance, or for other reasons.

You must decide whether common-law marriages in Vermont should be converted into a formal marriage with a ceremony. If you need legal advice and assistance, contact Vermont lawyers.

Quick Guide to Common Law Marriage in Michigan

Are Common Law Marriages in Michigan Legal?

The answer is yes, and no.

The state has not allowed a common law marriage in Michigan to hold validity since 1957, but numerous such marriages hold validity because the spouses are old enough, or their common law marriage is recognized by another state and jurisdiction.

In order to explain common-law marriages in Michigan, normal marriage violations need listing first:

• The marriage was between minors without proper consent

• There was insanity or a party was physically incapacitated to consummate

• The marriage was forced or a result of fraud

• There was bigamy involved

• The marriage was a same-sex marriage

• Either party has a known sexually transmitted disease and didn’t notify the spouse

• There is consanguinity involved

• The marriage was solemnized illegally by an unqualified person

Although the marriage violations listed above do not state anything about a Michigan law on marriage, the state will not recognize a common-law marriage in most cases.

As mentioned above, the state may recognize the common law marriage in Michigan if the couple sought such action in another state.

Determining the Validity of Common Law Marriages in Michigan

Although there are no laws addressing common-law marriages in Michigan, a court may consider the validity of the marriage upon two conditions:

The man and woman have signed the power of attorney papers while in the relationship, and the marriage was contracted in a state and district that recognized such a union.

In order to validate the common law marriage in Michigan, the court will consider several factors in certain cases like a divorce or separation proceeding.

The court will usually consider the following aspects of the common law marriage in Michigan:

• The two parties actually cohabitated in an out of state jurisdiction

• The of state jurisdiction had established common law marriage requirements

• The date of actually declaring the specific type of marriage can be established by the court

• If no common law marriage laws exist within the other jurisdiction, the court must determine if there were any power of attorney documents signed prior to the cohabitation

If two couples want the state of Michigan to recognize their common law marriage in an out of state jurisdiction, the two couples are usually advised to sign a power of attorney documents before declaring the common law marriage in Michigan.

Two couples will normally establish a durable power of attorney and medical power of attorney with help of a qualified legal professional.

If couples in recognized common-law marriages in Michigan come to an agreement about the division of property in a future separation in an out of state jurisdiction, the state of Michigan will normally recognize such agreements.

However, common-law marriages in Michigan will only be recognized by the court if the agreement was no meretricious, or in other words, based upon the promise of sexual relations.

Predictably, the requirements for a marriage license vary by state.

This is because there is no federal marriage license.

What are some requirements for marriage licenses in the United States?

Some states will set some of the following requirements:

-Age limits, usually 18, but lower in some states

-Persons younger than 18 must have the consent of a parent or judge; persons as young as 15 can be married in New York State, but only with the consent of both parents and a justice of the State Supreme Court or Family Court.

-Payment of a nominal marriage license fee

-Medical requirements

-Some states will require proof of immunizations against certain diseases such as tuberculosis and measles

-There may be blood tests to prove the absence of venereal diseases

-The state may also suggest a non-mandatory HIV test

-Proof that other marriages have been annulled or terminated

-Mental capacity to enter into a marital union

-The couple are not blood relatives

-First cousins may marry in some states, but the state may require that they not have children due to the high risks of genetic defects

-A marriage certificate, completed at the appropriate ceremony, must be mailed to the agency that issued the marriage license.

There may also be a variable waiting period, depending on the state. This is to allow for a cooling-off period for the couple to determine if they truly wish to be married.

There waiting periods are:

-1-day: Delaware, Illinois, New York, South Carolina

-2-day: Maryland

-3-day: Alaska, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Mississippi, New Jersey, Oregon, Pennsylvania, Washington

-5-day: District of Columbia, Minnesota

-6-day: Wisconsin

The waiting period can be potentially waived or shorted depending on specific circumstances or through the intervention of a court that will shorten the waiting period on the couple’s behalf.

Among the quirkier laws for marriage licenses, the couple may be required to consummate the marriage through sexual relations.

There is no way for the state to enforce this, but the lack of sexual relations can be used as the basis for divorce or annulment in many states.

Marriage laws are always subject to change, including variable fees, so one is best served by checking with their local county or city clerk that issues marriage licenses for information on fees and waiting periods.

Quick Guide to Common Law Marriage in Nebraska

Common-Law Marriage: Nebraska

Common-law marriage laws have not allowed typing of marriage to occur since 1923, and the state has specific marriage requirements.

Until recently, the court would not even consider property division settlements or other settlements often heard by a court for divorce and marriage settlements.

Now, common-law marriage laws still forbid the type of marriage, but a court may now recognize the marriage within a divorce or settlement procedure in certain circumstances because of §42-117 of the revised statutes.

These common-law marriage laws state, “All marriage contracted without this state, which would be valid by the laws of the country in which the same were contracted, shall be valid in all courts and places in this state.”

Marriage Requirements in Nebraska

Marriage requirements under the revised statutes prohibit the following types of marriages. There may be other marriage requirements depending on the situation:

• The marriage between the parties was otherwise prohibited by law—such as consanguinity

• Either party was impotent at the time of marriage

• Either party has a spouse at the time of marriage

• Either party was mentally ill or a person with mental retardation at the time of marriage

• Force or fraud

• Either party was under the age of 17 without consent from guardians and the court

As you can see, marriage requirements disallow many types of marriage, but common-law marriage laws will be recognized in certain circumstances.

Cases in which a Nebraska law on marriage will be recognized are described in the section below.

Determining the Validity of a Common-Law Marriage in Nebraska

Although there are few laws addressing common-law marriages in Nebraska compared to laws for marriage requirements, a court may also consider the validity of the marriage upon two conditions:

The man and woman have signed power of attorney papers while in the relationship, and the marriage was contracted in a state and district that recognized such a union according to their common-law marriage laws.

In order to validate the common-law marriage in Nebraska, the court will consider several factors in certain cases like a divorce or separation proceeding.

The court will usually consider the following aspects of the common-law marriage in Nebraska:

• The two parties actually cohabitated in an out of state jurisdiction

• The of state jurisdiction had established common-law marriage laws and requirements

• The date of actually declaring the specific type of marriage can be established by the court

• If no common-law marriage laws exist within the other jurisdiction, the court must determine if there were any power of attorney documents signed prior to the cohabitation

If two couples want the state of NE to recognize their common-law marriage laws in an out of state jurisdiction, the two couples are usually advised to sign a power of attorney documents before thinking a common-law marriage in Nebraska will have any validity in a court hearing.

Two couples will normally establish a durable power of attorney and medical power of attorney with help of a qualified legal professional to try and have a common-law marriage in Nebraska stand.

If couples in recognized common-law marriages come to an agreement about the division of property along with other marriage requirements in a future separation in an out of state jurisdiction, the state of NE may recognize such agreements.

If you are unsure the state will consider the marriage requirements, you should speak with an attorney to help determine if the case may be arguable in court.

A brief guide to common law marriage in North Dakota

In order to take advantage of the fiscal and insurance advantages of a relationship, two people who are in a relationship need to have their status validated by the law.

Common law marriages in North Dakota are not recognized, as is the case in all but ten states and Washington D.C. This means that you will need to undergo a formal marriage if you are a resident of the state.

Common-law marriage in North Dakota is not recognized for many reasons. This kind of marital arrangement rests on several conditions:

• Both spouses must represent themselves to other people as husband and wife. While this will not be sufficient to lead to common law marriages in North Dakota being recognized, it is sufficient proof in other states.

However, if the husband and wife decide to separate, they will need to call upon witnesses to prove that they have established their relationship. By not recognizing common-law marriages in North Dakota, the state court system lowers the bar of proof for a couple.

Simply presenting a marriage certificate is sufficient grounds for establishing the relationship.

• A common law marriage in North Dakota would theoretically allow two spouses to file their taxes jointly, have joint insurance coverage, and take advantage of other such relationships.

However, when their relationship ended, the resulting litigation could make it difficult for the courts to decide how to divide their assets. This is another reason why common-law marriages in North Dakota are not recognized.

It is important to be aware of North Dakota law if you are in such a relationship in another state and move. Since common-law marriages in North Dakota will not be recognized as a legally binding relationship, you and your spouse will not be able to continue such an arrangement upon relocating.

Therefore, it is important to agree with your spouse what steps will be taken. To retain the rights of common law marriage in North Dakota, you will need to undergo a formal marriage.

Doing so will require you to apply for a marriage license. Until you have received this document, common-law marriages in North Dakota will not be recognized and you will no longer be considered husband and wife.

After being issued this document, you may proceed with the ceremony. Until it has been performed, your common law marriage in North Dakota will be irrelevant in the eyes of the court system.

If you move to the state but do not get formally married, it is important to draft a legally binding will if you wish your spouse to inherit your assets in the event of your death. Since common-law marriages in North Dakota are not recognized, your will must specify that your partner is to inherit.

Otherwise, they will not have an automatic claim to your estate. Probate courts will not recognize your common law marriage in North Dakota. Unclear wills or failure to leave on may leave your spouse disinherited.

Guide to Common Law Marriage in Florida

If you have been living together with a significant other for a period of years, you may wonder if you have a common-law marriage in Florida.

Some states recognize couples who have fulfilled certain requirements as being married for state-legal purposes.

This guide will discuss laws pertaining to Florida law of marriage and how you may be able to have a common-law marriage recognized in the state.

What Is a Common Law Marriage?

In many jurisdictions, couples who lived together for a number of years and were living “as husband and wife” (including not just sexual intercourse but also publicly—filing joint tax returns, using the same last name, and referring to each other as married) were considered to be married according to common law.

This tradition goes back centuries into English common law before the founding of the United States of America.

Common-law marriage in Florida was quite common in much of the 20th century. If people who had a common-law marriage in Florida wished to divorce, they were obligated to go through formal divorce procedures rather than just “breaking up” and dividing their property themselves. Common-law marriage in Florida also applied to inheritances and estates.

Are Common Law Marriages in Florida Recognized?

There is no way to initiate a new common law marriage in Florida. However, because common law marriage in Florida was legal until 1968, common-law marriages taking place before that year are still recognized by Florida state law.

Also, several states still recognize common-law marriages for couples who meet certain requirements, and if you were common law married in one of these states, you retain your married status upon moving to the state of Florida.

Generally, the laws governing whether you are able to be married or not are determined by the state where your marriage took place, even if the state you move to has different laws.

If you had a common-law marriage in Florida prior to 1968, other states will recognize this common law marriage from Florida as valid.

Marriage Requirements in Florida

Because common law marriage in Florida no longer exists as an option for cohabiting couples, you may want to make sure that your marriage is legally binding.

This will allow you and your spouse to have the rights to visit each other in the hospital and make medical decisions, inherit one another’s property, and have formal divorce proceedings if you ever split up.

In order to get married in Florida officially, rather than having a common-law marriage in Florida, you will need to obtain a Florida marriage license. You can do this at your county clerk’s office for a fee of less than $100.

You will need to bring acceptable identification documents and will need to certify that neither you nor your spouse is married to anyone else. Florida does not have a required blood test or waiting period for marriages.

Quick Guide to Common-Law Marriage in Nevada

Common-Law Marriage: Nevada

Common-law marriage laws in NV allowed the type of marriage prior to March 29, 1943, according to NRS 122.010.

Nevada law on marriage is no longer recognized by the state. Until recently, the court would not even consider property division settlements or other settlements often heard by a court for recognized divorce and marriage requirements.

Now, common-law marriage laws still forbid the type of marriage, but a court may now recognize the marriage within a divorce or settlement procedure in certain circumstances.

Marriage Requirements in Nevada

Marriage requirements in the state according to NRS 122.020 and NRS 122.025 state that marriages with the following type of factors:

• Both parties must be at least 18 years old(unless parties 16 or older have met marriage requirements and obtained parental permission) and not nearer of kin than second cousins of the half-blood

• May not have a husband or wife living in or out of state, regardless if there are common-law marriage laws in another state or not

• Parties must be of the opposite sex

• In some circumstances, the state and district court may disregard certain marriage requirements and let parties under the age of 16 marry if it will serve the best interests of the party

As you can see, marriage requirements disallow many types of marriage, but common-law marriage laws will be recognized in certain circumstances. Cases in which a common-law marriage in Nevada will be recognized are described in the section below.

Determining the Validity of Common-Law Marriages in Nevada

Although there are few laws addressing common-law marriages in Nevada compared to laws for marriage requirements, a court may also consider the validity of the marriage upon two conditions:

The man and woman have signed power of attorney papers while in the relationship, and the marriage was contracted in a state and district that recognized such a union according to their common-law marriage laws.

In order to validate the common-law marriage in Nevada, the court will consider several factors in certain cases like a divorce or separation proceeding. The court will usually consider the following aspects of the common-law marriage in Nevada:

• The two parties actually cohabitated in an out of state jurisdiction

• The of state jurisdiction had established common-law marriage laws and requirements

• The date of actually declaring the specific type of marriage can be established by the court

• If no common-law marriage laws exist within the other jurisdiction, the court must determine if there were any power of attorney documents signed prior to the cohabitation

If two couples want the state of Nevada to recognize their common-law marriage laws in an out of state jurisdiction, the two couples are usually advised to sign a power of attorney documents before declaring the common-law marriage in Nevada.

Two couples will normally establish a durable power of attorney and medical power of attorney with help of a qualified legal professional to try and have a common-law marriage in Nevada stand.

If couples in recognized common-law marriages come to an agreement about the division of property along with other marriage requirements in a future separation in an out of state jurisdiction, the state of Nevada may recognize such agreements.

If you are unsure the state will consider the marriage requirements, you should speak with an attorney to help determine if the case may be arguable in court.

Guide to Common Law Marriage in West Virginia

Common-Law Marriage: West Virginia

Common-law marriage laws have never existed in the state of West Virginia, and the state has specific marriage requirements.

Until recently, the court would not even consider property division settlements or other settlements often heard by a court for divorce and marriage settlements.

Now, common law marriage laws still forbid the type of marriage, but a court may now recognize the marriage within a divorce or settlement procedure in certain circumstances.

Marriage Requirements in West Virginia

Marriage requirements according to §48-2-301 through §48-2-303 prohibit the following types of marriages:

• Both parties must be at least 18 years old (unless parties 16 or older have met marriage requirements and obtained parental permission)

• Where a man tries to marry his mother, grandmother, sister, daughter, granddaughter, half-sister, aunt, brother’s daughter, sister’s daughter, first of the second cousin

• Where a woman tries to marry her father, grandfather, brother, son, grandson, half brother, uncle, brother’s son, sister’s son, first of the second cousin

• Marriage requirements do not apply to first and second cousins related through adoption

As you can see, marriage requirements disallow many types of marriage, but common law marriage laws will be recognized in certain circumstances. Cases in which a common-law marriage in West Virginia will be recognized are described in the section below.

Determining the Validity of Common-Law Marriages in West Virginia

Although there are few laws addressing common-law marriages in West Virginia compared to laws for marriage requirements, a court may also consider the validity of the marriage upon two conditions:

The man and woman have signed power of attorney papers while in the relationship, and the marriage was contracted in a state and district that recognized such a union according to their common law marriage laws.

In order to validate the common law marriage in West Virginia, the court will consider several factors in certain cases like a divorce or separation proceeding. The court will usually consider the following aspects of West Virginia law on the common law marriage:

• The two parties actually cohabitated in an out of state jurisdiction

• The of state jurisdiction had established common law marriage laws and requirements

• The date of actually declaring the specific type of marriage can be established by the court

• If no common law marriage laws exist within the other jurisdiction, the court must determine if there were any power of attorney documents signed prior to the cohabitation

If two couples want the state of WV to recognize their common law marriage laws in an out of state jurisdiction, the two couples are usually advised to sign a power of attorney documents before thinking a common law marriage in West Virginia will have any validity in a court hearing.

Two couples will normally establish a durable power of attorney and medical power of attorney with help of a qualified legal professional to try and have a common law marriage in West Virginia stand.

If couples in recognized common-law marriages come to an agreement about the division of property along with other marriage requirements in a future separation in an out of state jurisdiction, the state of WV may recognize such agreements.

If you are unsure the state will consider the marriage requirements, you should speak with an attorney to help determine if the case may be arguable in court.

Quick Guide to Common Law Marriages in Georgia

Are Common Law Marriages in Georgia Legal?

Although common-law marriages in Georgia are no longer recognized by the state, some common law marriages still hold validity within the state.

According to Section 19-3.1.1 Common-law marriage; effectiveness:

“No common-law marriage [in Georgia] shall be entered in this state on or after January 1, 1997. Otherwise valid common-law marriages entered into prior to January 1, 1997, shall not be affected by this Code section and shall continue to be recognized in this state.”

In some cases, there may be exceptions to this Georgia law for a common-law marriage.

Other Types of Invalid Marriages in Georgia

Apart from common law marriage in Georgia after January 1, 1997, other types of marriages hold no validity in the state of GA. These invalid marriages are listed below:

• A parent has married a child, a parent has married a stepchild, a grandparent has married a grandchild, or an aunt or uncle has married their nephew or niece

• Either party did not have mental capacity during the contract

• Either party was under 16 when they entered the marriage

• Either party was forced into the marriage

• Either party entered into the contract using fraud

• There was bigamy

Determining the Validity of Common Law Marriages in Georgia

Although there are few laws addressing common-law marriages in Georgia, a court may also consider the validity of the marriage upon two conditions:

The man and woman have signed power of attorney papers while in the relationship, and the marriage was contracted in a state and district that recognized such a union.

In order to validate the common law marriage in Georgia, the court will consider several factors in certain cases like a divorce or separation proceeding.

The court will usually consider the following aspects of the common law marriage in Georgia:

• The two parties actually cohabitated in an out of state jurisdiction

• The of state jurisdiction had established common law marriage requirements

• The date of actually declaring the specific type of marriage can be established by the court

• If no common law marriage laws exist within the other jurisdiction, the court must determine if there were any power of attorney documents signed prior to the cohabitation

If two couples want the state of Georgia to recognize their common law marriage in an out of state jurisdiction, the two couples are usually advised to sign a power of attorney documents before declaring the common law marriage in Georgia.

Two couples will normally establish a durable power of attorney and medical power of attorney with help of a qualified legal professional.

If couples in recognized common-law marriages in Georgia come to an agreement about the division of property in a future separation in an out of state jurisdiction, the state of Georgia may recognize such agreements.

If you are unsure the state will recognize the common law marriage in Georgia, you should speak with an attorney to help determine if the case may be arguable in court.

Full Text of the Federal Defense of Marriage Act 1996

Public Law 104-199

104th Congress

An Act

To define and protect the institution of marriage. <>

Be it enacted by the Senate and House of Representatives of the

The United States of America in Congress assembled, <>

SECTION 1. <> SHORT TITLE.

This Act may be cited as the “Defense of Marriage Act”.

SEC. 2. POWERS RESERVED TO THE STATES.

(a) In General.–Chapter 115 of title 28, United States Code, is

amended by adding after section 1738B the following:

“Sec. 1738C. Certain acts, records, and proceedings and the effect

thereof

“No State, territory, or possession of the United States, or Indian

tribe shall be required to give effect to any public act, record, or

judicial proceeding of any other State, territory, possession, or tribe

respecting a relationship between persons of the same sex that is

treated as a marriage under the laws of such other State, territory,

possession, or tribe, or a right or claim arising from such

relationship.”.

(b) Clerical Amendment.–The table of sections at the beginning of

chapter 115 of title 28, United States Code, is amended by inserting

after the item relating to section 1738B the following new item:

“1738C. Certain acts, records, and proceedings and the effect

thereof.”.

SEC. 3. DEFINITION OF MARRIAGE.

(a) In General.–Chapter 1 of title 1, United States Code, is

amended by adding at the end the following:

“Sec. 7. Definition of `marriage’ and `spouse’

“In determining the meaning of any Act of Congress, or of any

ruling, regulation, or interpretation of the various administrative

bureaus and agencies of the United States, the word `marriage’ means

only a legal union between one man and one woman as husband and wife,

and the word `spouse’ refers only to a person of the opposite sex who is

a husband or a wife.”.

[[Page 110 STAT. 2420]]

(b) Clerical Amendment.–The table of sections at the beginning of

chapter 1 of title 1, United States Code, is amended by inserting after

the item relating to section 6 the following new item:

“7. Definition of `marriage’ and `spouse’.”.

Approved September 21, 1996.

LEGISLATIVE HISTORY–H.R. 3396:

HOUSE REPORTS No. 104-664 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 142 (1996):

July 11, 12, considered and passed House.

Sept. 10, considered and passed Senate.