North Carolina, like several other states, used to recognize common-law marriages, also known as informal marriages. However, North Carolina no longer allows for the creation of new common-law marriages. This means that while existing common-law marriages are still legally recognized, you cannot enter into a new one as of January 1, 1968. This article will clarify the nuances of common-law marriage in North Carolina, addressing common questions and misconceptions.
What is a Common-Law Marriage?
A common-law marriage, unlike a formal marriage with a marriage license and ceremony, is established through the agreement of two people to be married, followed by cohabitation and a public representation of themselves as husband and wife. The key elements are:
- Agreement: Both parties must consciously and mutually agree to be married. This agreement is not something that happens casually; it requires a clear understanding that a marital relationship is being entered into. This understanding must be present at the time the relationship begins.
- Cohabitation: The couple must live together as husband and wife. This is not just sharing a residence but sharing a life together.
- Public Representation: The couple must hold themselves out to others as husband and wife. This involves presenting themselves as a married couple to family, friends, and the community. This could include joint bank accounts, shared property, filing taxes jointly, or using the same last name.
Can I Still Get a Common-Law Divorce in North Carolina?
Yes, even though new common-law marriages aren't allowed, couples who entered into a common-law marriage before January 1, 1968, can still obtain a legal divorce in North Carolina. The process is the same as for formally married couples.
What if I Believe I Was in a Common-Law Marriage Before 1968?
If you believe you were in a common-law marriage established before January 1, 1968, you need to present strong evidence to support your claim. This evidence may include:
- Witness Testimony: Statements from individuals who can attest to the couple's agreement, cohabitation, and public representation as husband and wife.
- Financial Records: Joint bank accounts, tax returns, insurance policies, or property deeds showing both names.
- Photos and Correspondence: Pictures of the couple together, letters, or other documentation that implies a marital relationship.
- Affidavits: Sworn statements attesting to the existence of the marriage.
How is a Common-Law Marriage Different from a Formal Marriage?
The key difference lies in the formality. A formal marriage requires a license and an official ceremony, providing a clear, documented record of the union. A common-law marriage, on the other hand, relies on the agreement, cohabitation, and public representation of the parties, which can be more challenging to prove.
What are the Legal Implications of a Common-Law Marriage?
The legal implications of a common-law marriage are largely the same as those of a formal marriage. This includes:
- Inheritance Rights: Surviving spouses have inheritance rights under intestate succession.
- Property Rights: Marital property is subject to equitable distribution in the event of a divorce or separation.
- Spousal Support: One spouse may be entitled to spousal support (alimony) after a divorce.
- Healthcare Decisions: Spouses generally have the right to make healthcare decisions for each other.
Does North Carolina Recognize Common-Law Marriages from Other States?
North Carolina will recognize a valid common-law marriage that was legally formed in another state that allows them, as long as it was legal in that state at the time it was formed. However, the burden of proving the existence of such a marriage rests on the individual claiming it.
What Happens to Property in a Dissolved Common-Law Marriage?
In the dissolution of a common-law marriage, property division follows similar guidelines as a formal divorce. The court will typically divide marital property equitably, considering various factors such as contributions of each party and the length of the marriage.
This information is for educational purposes only and is not legal advice. For specific guidance on your circumstances, consult a qualified North Carolina attorney. The laws surrounding common-law marriage are complex and require careful consideration of individual facts and circumstances.
