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Like many people, we were under the impression that if a man and a woman lived together for seven years, they were common law spouses. However, after a bit of research, we discovered that common-law marriage isn't common at all. We first visited Nolo, a web site created "to help people handle their own everyday legal matters." The site's Common Law Marriage FAQ presented a short list of criteria for establishing a common law marriage: - A heterosexual couple must live together in a state that recognizes common law marriages
- for a significant period of time (not defined in any state)
- present themselves as a married couple -- typically this means using the same last name,
referring to the other as "my husband" or "my wife," and filing a joint tax return, and
- intend to be married.
According to the site, unless all four of the aforementioned conditions are met, there is no common law marriage. The Alternatives to Marriage Project explains that the reality of common law marriage differs greatly from public perception. The site attempts to demystify the concept, and explains that there's no way you can wake up one day and find yourself married. There is, however, a bit of a discrepancy about the number of states that allow common law marriage -- it's somewhere between 11 and 14, plus the District of Columbia. Common law marriage isn't something to be entered into
lightly. If you and your common-law spouse decide to end the marriage, you will still have to go through a legal divorce. To quote the folks at the Alternative to Marriage Project, "common law marriages are very similar to regular marriages: they're usually easier to get into than to get out of."
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