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Common Law Marriage Massachusetts



What is Common Law Marriage: Massachusetts?

Common-law marriage is an uncommon type of union between husband and wife. Only a few states in the U.S. recognize common-law marriage; those states that allow the formation attach strict requirements for validation purposes. In general, the following requirements must be satisfied to engage in a common law marriage:

How to get a Common Law Marriage in Massachusetts

1. Common law Marriage MA: You must ascertain if the state you are living in allows common-law marriages. Remember, only a few states—plus Massachusetts  D.C.—allow common law marriages. Currently, only Alabama, Colorado, Kansas, Iowa, Montana, Rhode Island, Texas, South Carolina, Massachusetts  D.C., and Utah recognize common law marriages. 

2. Common law Marriage MA: Typically, there four general requirements to validate a common law marriage. The first requirement is: you and your partner must live together. Maintaining the same residence is crucial to recognize a common law marriage. 

3. Common law Marriage MA: Secondly, you are required to prevent yourselves to the public—and family and friends—as a married couple. Presenting yourselves as a couple can be achieved by using the same last name, filing joint tax returns, and/or referring to one another as wife or husband

4. Common law Marriage MA: Although the time constraints are not universally defined, you and your spouse must be together for a significant period of time before securing a common law marriage

5. Common law Marriage MA: The last requirement to securing a common law marriage is that you and your spouse must intend to be married. This means—according to common law marriage MA law, that you and your spouse must go before a court of law or official and declare that you wish to be married.

Although common law marriages are not legal in every state, federal law states that every jurisdiction in the nation must recognize as valid a common-law marriage formed in another state. Therefore, if you and your couple secure a common law marriage in another state, all jurisdictions in the U.S. must uphold the original declaration—if you travel to another state you will remain married via common law. 

Can I Receive a Common Law Marriage in Massachusetts? 

Massachusetts does not recognize common law marriages. Because the state does not recognize the formation, you and your prospective spouse cannot receive a common law marriage Massachusetts. Because you cannot receive a common law marriage Massachusetts, there is no way to successfully form a common law marriage Massachusetts, no matter how long you live with your partner. That being said, if you secure a common law marriage in another state—one that does recognize common law marriages—you may “hold yourself out as married.” In this situation, if you move to the state of Massachusetts, you formally maintain your common law marriage. Remember all states recognize marriages that occur in other states. 

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