The tradition of formal weddings with elaborate ceremonies and official documentation has been customary for couples embarking on the journey of marriage. However, an alternate type of marital arrangement exists, common law marriage. Common law marriage challenges the norms and expectations of marriage, and with that comes the question of its validity and what to do when the relationship ends.
From understanding its recognition across different states to delving into the potential ramifications when seeking a divorce, there’s much to explore in common law marriage. This article will shed some light on common law marriage, divorce, and the specifics of Tennessee divorce law.
Conventional marriages necessitate a marriage license, an officiant, and a solemnization ceremony. Common law marriages come into existence based on the actions and intentions of the couple involved.
A common law marriage is also called a de facto or informal marriage. It is a legal relationship that forms between two individuals who live together, present themselves as a married couple, and meet specific criteria without obtaining a formal marriage license or ceremony.
At one point in time, the majority of the states in the United States allowed common law marriages. However, most states have abolished the practice.
There are some Native American tribes and a handful of states that still formally recognize common law marriages. These states include:
It’s important to note that each state has its own set of requirements for establishing a common law marriage. These requirements often include living together for a certain period, presenting themselves as a married couple to the community, and demonstrating the intention to be married.
Tennessee is not among the states that recognize common law marriage. In fact, it has never been a common law marriage state. However, this doesn’t mean the state completely disregards common law marriages that were validly formed in other states.
If a couple validly establishes a common law marriage in one of the states that recognize it and then moves to Tennessee, the state generally recognizes their marriage as valid. In such cases, these couples are entitled to the same rights and responsibilities as formally married couples, including property rights, inheritance, and more.
For example, if a couple is common law married in Utah and moves to Tennessee, their marriage would still be valid. However, if the couple moves from Utah before being common law married, they couldn’t become common law married in Tennessee.
This is important because it means that simply moving to a state that doesn’t have common law marriage isn’t the same as getting a divorce. If you were common law married in another state, then moved to a state that doesn’t have common law marriage, you would still have to go through a divorce in Tennessee.
There isn’t a special divorce for those wishing to end a common law marriage in Tennessee. However, because there isn’t an official certificate from a government authority, the couple must provide additional testimony and evidence as proof of the validity of the common law marriage.
The burden of proof to prove the existence of the common law marriage falls on the spouse who has filed the complaint for divorce. If the burden isn’t met with evidence, the case will be dismissed because there are no bonds of marriage requiring the court’s intervention to dissolve.
If the common law marriage is, in fact, valid, the requirements for divorce, such as residency requirements and the required waiting period, will apply. After these requirements are met, the courts will determine the division of property, alimony, child support, custody, and visitation.
When proving their case, the spouse filing the complaint for divorce may provide the following as evidence of a valid common law marriage.
Common law marriage remains an intriguing legal concept that challenges traditional notions of formal marriage. While only a handful of states formally recognize it, the landscape of relationships and partnerships continues to evolve.
Couples must know their state’s laws regarding common law marriage and its implications for their legal rights and responsibilities. Consulting legal professionals and experts in family law can provide the guidance needed to navigate these complex matters and ensure that individuals are well-prepared for their unique circumstances.
Tennessee divorce procedures can be complicated and confusing. And adding in the aspect of a common law marriage can make things more complex. Attorney Hunter Fowler will help guide you through the divorce process to make it as simple as possible. He has experience fighting for his clients’ rights to keep what they want and will do whatever it takes to ensure your needs are heard and met.
Contact us today for a consultation.
