Thursday, December 13, 2007

Common Law Marriage - How common is it?

We are asked all the time, "what is common-law marriage?"
Well the simply said it is when a couple has lived together for a specified amount of time and the state recognizes them as married people. In fact, a common law marriage is just as legally binding as a statutory or ceremonial marriage in some jurisdictions—it is just begun differently.

Common-law marriage can still be contracted in the following jurisdictions: Alabama,Colorado, District of Columbia, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah. Note there is no such thing as "common-law divorce" — that is, you can't get out of a common-law marriage as easily as you can get into one. Only the contract of the marriage is irregular; everything else about the marriage is perfectly regular. People who marry per the old common law tradition must petition the appropriate court in their state for a dissolution of marriage.

Here in California we DO NOT have common-law marriage. If a couple has been living together they can obtain a confidential marriage license. That license is not public record so no one but the couple can obtain a copy. This is one way to get married in secret and no one will ever know when you were married. Common for couples that have been together a long time and have children together. Often they move here from a common law state and just want to get the marriage license.

In California a woman can not change her name until she receives the certified copy of the marriage license. The DMV, passport office and Social Security all require the certified copy for changes to your records.