Common-law marriage Indiana describes the arrangement in common law where two people that live together enjoy the status and benefits of marriage without having the marriage ceremony.
Common-law marriage in Indiana was available until the mid-20th century until they were struck from state law.
These days, one cannot get a common law marriage in IN. the only common law marriage in IN that still exist will be from the few states that have limited common law marriage laws or Common law marriage Indiana that existed prior to the ban.
Two people cohabitating in Indiana, cannot have a common-law marriage in IN and must apply for a marriage license and have a marriage ceremony, according to the rules of the state.
When was the ban on Common law marriage in Indiana put in place?
Indiana law on common marriage was banned in 1958. The ban is not absolute, as couples married with a common-law marriage in IN prior to that will remain married by the same provisions.
What is per lex loci celebrations?
The principle of per lex loci celebrations (by the law of the place of celebration) allows common-law marriages from out of state to be recognized as common law marriage in Indiana.
By this principle, if the marriage is legal in the jurisdiction it came from, then this will be recognized as a common-law marriage in IN, though state residents cannot get such a marriage.
Note that this does not include same-sex marriage, as same-sex marriage is expressly forbidden by state law and will not even count as common law marriage in Indiana with per lex loci celebrations.
What is grandfathering?
Grandfathering refers to common law marriage IN that is entered before 1958. All other marriages after that have to be solemnized by the appropriate authority. No common-law marriage IN can be solemnized.