Common Law Marriage Flashcards
(4 cards)
1
Q
Do most states still allow common law marriage?
A
Most states have abolished common law marriage.
2
Q
In states that recognize common law marriage, what are the 3 components needed to establish a common law marriage?
A
In jurisdictions that recognize common law marriage, the proponent of the marriage must prove that the parties:
- Cohabitate for the statutory period.
- Held themselves out as married; AND
- Intended to be married
3
Q
Do other states give full faith and credit to valid common law marriages?
A
Most states will recognize a common law marriage if it was validly obtained in a jurisdiction that permits common law marriages.
4
Q
Under what circumstance will a state not recognize a valid common law marriage?
A
If doing so contradicts a powerful public policy of the jurisdiction with the greatest interest in the marriage of the parties.
