In Texas, where common law, or informal, marriages exist, in order to be married through common law, you must 1. live together. 2. intend to be married. 3. hold yourselves out as husband and wife. In most states, a common law marriage from a state that recognizes common law marriage will be held as a valid marriage in that state, due to the full faith and credit principle, though it doesn't appear that this would apply to civil unions.
Though there is such a thing as common law marriage, there is no such thing as a common law divorce. This means that if someone was in a common law relationship and broke up with his or her spouse and then fell in love and got married, that second marriage is void. (Also, the person from the common law marriage would be considered a bigamist.)
In a situation where that happens, the second spouse is known as a "putative" spouse, and could be entitled to spousal maintenance, even though there was never an actual marriage.
2 comments:
Tell me about the "no common law divorce" thing. I've just been released from a 25 year marriage in which we hadn't so much as seen one another in over 22 years.
You wouldn't believe how difficult this entire procedure was just because he is in AZ and I'm in New England. Sheesh.
Know what though? It feels great to finally have it dissolved.
Isn't it wonderful what we learn in law school. And believe it or not, 20 years from now, someone will ask you a question about this kind of thing, you'll dredge through your memories, and there's the answer.
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