A common law marriage is when a couple holds themselves out to others as married. It can be formalized through joint bank accounts, the use of the word “spouse” in public places, wearing wedding rings, and using the same last name. In order to become a common law marriage, you must have been living together for a certain amount of time. There is no universally accepted length of time.
Although a common law marriage is a legal distinction, it is still a legitimate type of marriage. The parties are still legally married to one another, but there is no legal distinction between a common law marriage and a ceremonial one. A common law marriage does not mean that one party has a better relationship than the other. It is simply a different way to get married. Both parties must have the intention to marry, and the marriage must be legal.
In the District of Columbia, a common law marriage has all of the same rights as a legal marriage. In other jurisdictions, it’s a bit more difficult to become a common law marriage, so make sure you understand the legal implications. It is possible to accidentally be in a common law marriage. In some states, it can even be legal. A common law marriage is not legally binding but is a legal one if you are married under a state-sanctioned marriage.
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