Can you be married but not legally married?

Answer 1

United States

No. Marriage is a legal arrangement under civil law. That means marriage in the United States is restricted and governed by state laws. Therefore, in order to be considered legally married the parties must meet all the requirements for a valid marriage in the state where they will be married.

A legal marriage bestows a host of legal rights under state and federal law, benefits and obligations. The most important of those legal rights are related to inheritance, health insurance, government entitlements and child custody. The children born of the marriage will be considered legitimate and both parents share all the rights and responsibilities of parenthood. In the case of a couple who is not legally married, the mother is considered the custodial parent unless the father establishes his paternity in court.

Religious clergy, along with many other civil officials and civilians with permits, are permitted by the government to perform marriage ceremonies but only when the parties have obtained a civil marriage license. A couple who has only a religious ceremony is not legally married.

Several states still recognize common law marriages. However, common law marriage generally does not always bestow all the legal rights as formal marriage.

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Answer 2

In the United States, generally, the official who performs the marriage returns the signed marriage license to the town that issued it and that becomes the public record of your marriage. If your marriage isn't officially recorded for some reason then you have no proof you were legally married. In that case you would need to go back and obtain proof the license was issued and the ceremony was performed.

Answer 3

No, filing the completed paperwork is required. There may be vagueries in each state, however, that complicate this matter. For instance, in at least one southern state, if two consenting adults of opposite gender spend a twenty-four hour period together and engage in sexual activity, they are married under common law.

Answer 4

If you have been previously married and you marry again without getting a divorce or annulling the marriage, you will be committing bigamy. Bigamy is a crime. If your previous marriage did not meet the legal requirements, you must apply for annulment of the marriage before you can marry again. When a marriage is annulled it is as if the marriage never took place. If you had children from the marriage, you may have to pay child support but you will not be required to pay alimony. You must legally end the first marriage either through annulment or divorce before you can marry someone else.

Legal Disclaimer:

The answer above should not be relied upon as legal advice. The information provided above is based on insufficient facts and only speaks to a general opinion based on those insufficient facts. No warranty is provided that the answer is correct. No attorney-client relationship has been formed with me until a signed written contract is complete. For an official opinion, it is advised you seek legal counsel.

Answer 5

yes, it's not the ceremony that counts, it's the papers

Answer 6

Yes.

Yes.

Yes.

Yes.

Answer 7

You must have a license to make it legal. A few places recognize a common-law-marriage, but that takes years to establish.

Answer 8

Not in the US.

Answer 9

Yes.