For young children, it is not uncommon to fantasize about their wedding day, particularly for those that have attended a wedding or watched one take place on television, and regardless of whether or not they actually have a potential spouse in mind. These fantasies sometimes even lead to reenacting a wedding ceremony by playing dress-up, assigning the roles of bride, groom, officiator, flower girl, and ring bearer, and reciting all the classic lines, ending with “I do!” Whether you played wedding as a child, if you are an adult that would like to learn more about the realities of a legal marriage vs. common law marriage in relation to your relationship and situation, our Arlington, TX family lawyer is available to talk.
What Is Legal Marriage?
This reenactment is based on marriages we see most frequently, and what most would consider to be a traditional wedding. The technical term for this is legal marriage, which is recognized by all states and is the type of marriage that most people choose. However, there is another type of marriage recognized in the United States, known as common law marriage, that is less common (despite its title) but still valid in the states that choose to recognize it. But what is the difference between the two, and how does one decide which marriage is right for them?
Legal marriage consists of several formal processes to solidify the union between partners. First, the couple must apply for a marriage license from the government and receive it before the ceremony. These are in place to give both accountability and public recognition to the couple’s union. Once a marriage license is attained, the ceremony takes place, and it can be either civil or religious. The ceremony is the step in legal marriage that the general public is most familiar with, as it is typically the advertised bride in white on the altar with her groom, an officiator certified by the state to declare the marriage valid, bridesmaids and groomsmen on either side of the couple, and any other supplementary sentiments the couple wishes to include in the ceremony.
Following the ceremony, the couple must verify that their marriage is registered, or officially recorded with the state, so that they qualify for legal rights and benefits. These benefits include, but are not limited to, joint tax filing, rights to inheritance, and medical decision-making authority. It also comes with some legal responsibilities, though, such as property division rules.
What Is Common Law Marriage?
Common law marriage is similar to legal marriage in a lot of ways, but the process is somewhat less complicated. Common law marriages can be recognized without the license or ceremony required in legal marriage, but only some states accept this form of marriage and there are certain requirements to qualify for it. The couple must both agree that they are married, whether written or verbal, they must live together for a period of time specified by the state, and they must make it publicly known that they are married by using a shared name and filing for taxes jointly.
Few states recognize common law marriage, including Texas, Colorado, Iowa, Kansas, Montana, Oklahoma, and Rhode Island. If you are interested in pursuing a common law marriage, it is crucial that you verify it would be a valid marriage in your state.
Which Marriage Is Right For You?
Ultimately, when choosing between legal and common law marriage, it boils down to how many steps to reach marriage you and your partner are willing to take. Legal marriage is a much more extensive process that requires certifications and ceremonies, but eventually provides certainty about the legal protection offered. Your rights and responsibilities are clearly outlined, allowing the rest of your marriage—and even potentially the end of it—to be a smoother ride.
On the other hand, if you are looking to glaze over the process and simply declare your relationship a marriage, you understand the legal risks implied, and it is recognized by the state in which you reside, common law marriage may be the best option for you. If you are interested in pursuing common law marriage, it may be in your best interest to seek legal consultation and ensure it really is right for you.
If you need legal advice and guidance on legal marriage vs. common law marriages and how they apply to your situation, Brandy Austin Law Firm is here to help. Reach out to us today.