Is It True That If You Have Been Dating Someone Over A Certain Period Of Time You Are Leagally Married?
Is it true that if you have been dating someone over a certain period of time you are leagally married? I hear that if you have been dating your signifcant other for over a certain amount of years then by some sort of state law you are legally married? If so, in which state, and what does the law actually state?
February 5th, 2010 at 1:27 pm
No, dating NEVER results in a common law marriage.
Only a few states recognize the concept of the common law marriage. Those that do have certain standards that must be met and these vary from state to state. At the very least, you must cohabitate openly and hold yourself out as husband and wife.
It’s a common misconception that the relationship must exist for a specified period of time, or that a common law marriage is automatic if two people cohabit for a certain period of time. Neither of these is true!
If you are NOT cohabitating AND holding yourself out as husband and wife, a common law marriage is NEVER created. You could cohabitate for decades but hold yourself out as separate individuals and a common law marriage would never exist.
If there is a question of whether or not a common law marriage exists, the courts look to the intent of the parties. If they obviously intended to hold themselves as husband and wife, then the probably are. If not, then the are not.
In no case can a couple be held as common law husband and wife if either one is still legally married (common law or otherwise) to someone else.
BTW, the poster that stated that Arkansas recognizes common law marriage is wrong. AR does NOT recognize common law marriage! Only the following jurisdictions recognize common law marriage:
Alabama
Colorado
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma (possibly only if created before 11/1/98. Oklahoma’s laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)
Pennsylvania (if created before 9/03)
Rhode Island
South Carolina
Texas
Utah
Washington, D.C.
February 5th, 2010 at 6:39 pm
Yeah, as has been said, its propagating a de facto relationship. Here in Australia, either person has the right to 50% of the collective possesions after 18 months of living together. Its funny, even if you’re not having sex, kissing or together in any physical sense, you can still be deemed de facto if you do each other’s washing or cooking.
February 6th, 2010 at 12:52 am
Yeh, that one chick’s right…it’s not dating, it’s living with. After seven years, you are considered to be married according to common law, but you can still get married legally if you want to. Common law marriage is usually only recognized in issues of a couple splitting up after being together long enough to accumulate a lot of material possessions together. I live in Arkansas, and I know that they practice common law here. I don’t know about any other state.
February 6th, 2010 at 6:11 am
i dont think so cos it is so unfair
February 6th, 2010 at 10:49 am
Yes and no. Until recently, in Kansas, simply registering as Mr. and Mrs. at a hotel is all it takes to produce a common law marriage. There may be other states with similar laws. Generally, you do have to be living together and sharing household expenses. Even then, it depends on the state laws. Missouri does not recognizes common law marriages under any circumstances. Most states are currently reviewing the marriage laws, not only to address the issues of gay marriages, but also to counter the growing number of adults being sexually active with young minors, than marrying them, especially if a pregnancy takes place. The recent case in Indiana, where the state stopped the marriage between the adult woman and young boy is a good example.
February 6th, 2010 at 2:32 pm
No, that would be proposterous!
February 6th, 2010 at 8:14 pm
Living With someone 10 years it called Comman Law Marriage,:)
February 6th, 2010 at 11:22 pm
i dont think so
February 7th, 2010 at 12:32 am
It’s not dating, it’s living with. In some state if you are living with someone for over 7 years it is considered a common law marriage. You can sue for support and such like you would a divorce. It is only in some states though.