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Common Law Marriage Kentucky

Common Law Marriage Kentucky

Common Law Marriage Kentucky: An Overview

Common law marriage is a concept of marriage that has been recognized in many states across the United States, including Kentucky. Common law marriage, also known as informal marriage, is a union between two individuals that is established without a formal marriage license. Unlike a formal marriage, common law marriage does not require a ceremony or a religious or legal authority to officiate.

This article will provide a detailed overview of common law marriage in Kentucky, including the requirements, legal implications, and recent developments in the state’s laws relating to common law marriage.

Requirements for Common Law Marriage in Kentucky

In order for a couple to be considered married under common law in Kentucky, the following requirements must be met:

1. The parties must be of legal age to marry. In Kentucky, the legal age to marry without parental consent is 18 years old. If either party is under 18, they must have parental consent to marry.

2. The parties must have the capacity to enter into a marriage. This means that both parties must be mentally competent and capable of understanding the nature of the marriage contract.

3. The parties must have the intention to be married. In other words, both parties must have agreed to enter into a marital relationship. This can be established through evidence of cohabitation, joint finances, and other indicia of a committed relationship.

It is important to note that Kentucky does not recognize common law marriages that were established in other states. If a couple enters into a common law marriage in another state and then moves to Kentucky, their marriage will not be recognized under Kentucky law.

Legal Implications of Common Law Marriage in Kentucky

If a couple is married under common law in Kentucky, they have the same legal rights and obligations as couples who are married through a formal marriage ceremony. This means that common law couples in Kentucky have the right to inherit from each other, can make medical decisions for one another, and can file joint tax returns.

However, common law couples in Kentucky are not entitled to the same legal protections as formal married couples. For example, if a common law couple separates, there is no legal requirement to divide property or assets. In contrast, in a formal divorce, the court will divide property and assets based on Kentucky’s equitable distribution laws. Additionally, common law couples in Kentucky are not entitled to spousal support if the relationship ends.

Recent Developments in Kentucky Law Relating to Common Law Marriage

In 2019, the Kentucky Supreme Court issued a decision that clarified the state’s position on common law marriage. In the case of Jones v. Mayer, the court held that Kentucky no longer recognizes any new common law marriages entered into after January 1, 1990.

The court based its decision on the fact that Kentucky passed a law in 1998 that abolished common law marriage in the state. The law, which is codified in KRS 402.005, states that “”[n]o common-law marriage shall be contracted in this state on or after January 1, 1990.””

While the court’s decision in Jones v. Mayer does not affect common law marriages that were established prior to 1990, it does mean that no new common law marriages can be established in Kentucky.

Critics of the court’s decision argue that it unfairly penalizes low-income couples who cannot afford a formal marriage ceremony or cannot obtain a marriage license for other reasons, such as immigration status or a criminal record. Supporters of the decision argue that it is necessary to protect against fraudulent claims of common law marriage.

Conclusion

Common law marriage is a longstanding tradition in many parts of the United States, and Kentucky is no exception. While common law marriage is recognized in Kentucky, recent developments in the state’s laws have limited its scope.

If you are considering entering into a common law marriage in Kentucky, it is important to understand the requirements and legal implications of your decision. Additionally, if you are currently in a common law marriage, it may be helpful to consult with a family law attorney to understand your legal rights and obligations.


Guide to Common Law Marriage in Kentucky

There are many myths about the institution of common law marriage.

Many people believe that two people will be considered to be in a common-law marriage in KY if they live together for a certain number of years, or if they have children together and call each other husband and wife.

The truth is substantially more complex, and many people who believe they have a common-law marriage in Kentucky may actually find themselves in a precarious legal situation when it comes to probate or child custody.

This guide will help you understand what couples have a common law marriage in KY, and what legal alternatives exist to common law marriages.

History of Common Law Marriage in Kentucky

Common-law marriage in KY has a history that goes back to medieval England.

According to unwritten English law (or “common law”), a couple that swore marriage vows to each other was considered married regardless of whether they had witnesses or an officiant.

Under the common law, a couple who had a common-law marriage in Kentucky was considered legally married.

They would be entitled to inherit each other’s assets and would have to file for divorce in order to legally dissolve their partnership.

However, as Kentucky and other U.S. states began to encode laws in writing, many states decided to stop recognizing common law marriage. In 1852, the state stopped recognizing common law marriage in KY.

Couples who previously had a common-law marriage in Kentucky were required to take legal marriage vows in order to maintain their relationship.

Is Common Law Marriage in Kentucky Legal Today?

Common-law marriage in KY has not been legal for over 150 years. No matter how long you and your significant other have been living in the same household, you are not considered husband and wife. Marriage vows must be accompanied by a valid Kentucky marriage license in order to make a wedding legal in the state of Kentucky.

Alternatives to Common Law Marriage in Kentucky

Many people wish, for various reasons, to have some benefits of marriage with a cohabiting partner even if they do not wish to take wedding vows.

In these cases, you may want to hire an attorney who can help you create a legal relationship that would give you some of the same benefits as a common law marriage in KY.

For instance, if you were interested in a common-law marriage in Kentucky due to a desire to inherit a partner’s property, you may want to talk to an estate lawyer about writing your will to ensure that your wishes are followed.

Common-Law Marriages from the Other States

A small number of people are permitted to have a common-law marriage in KY. These are people who have moved to Kentucky from one of the states that still allow common law marriage.

If you were considered common law married in another state, you will automatically maintain your common law marriage in Kentucky when you move there. This is due to the Constitution’s “full faith and credit” clause and is not likely to change in the foreseeable future.