Married without a Wedding
Legally speaking, some states have common law marriages, some do not. Check for the laws for your state.
To have your marriage legally recognized, you will need to apply for a marriage license in the county/state you wish to have a ceremony performed in. A legally recognized 'marriage' gives each of you legal rights to the other's finances, property, power of attorney for healthcare, and such.
The lack of a marriage license does not prevent you from considering yourselves married--you can have any marriage ceremony you want, privately or done by a member of a religious organization. I have homosexual friends who had a wedding at a Methodist church. But the state will not recognize it unless you have applied for a legal license, and the U.S. now will not recognize homosexual marriages as legal unions.
You can still be legally unmarried, but consider yourselves married, just go to an attorney and have your wills done, have the other person delcared your power of attorney if you were unable to make healthcare decisions, and get living wills.
Here is more input:
- Yes, all religious marriage ceremonies are just that--ceremonies. They are only legalized by the marriage license in the state/country you wish to be married in. Anyone can go through a religious marriage ceremony, with the permission of the minister/priest you wish to perform the ceremony.
- I would recommend this book: Unmarried to Each Other. It will help you a lot, promise.
- Blacks law dictionary describe a license as this: "The permission by competent authority to do an act which without such permission, would be illegal." Since when has it been a crime to get married, and secondly who the hell needs the State as a third party in a legal contract watching over your relationship as moral steward? Sorry, as far as I know the document a marriage certificate DOES legally stand up in court. Because it is a contract which is what a marriage is, not a contract between you and the state and then your love one.
- I believe I have heard it said that you do not need a marriage certificate if you just have people sign something stating they witnessed the event, then you're married. However, since you are not married in the eyes of the state you would not be entitled to anything after he/she dies. You would not even have any say in what happens to their body, from what I understand. Obtaining a marriage certificate is the only way the state will recognize your marriage and therefore give you rights to your loved one's estate, etc.
- Sure, you can be just as committed but not legally committed, just ask Tim Robbins and Susan Sarandon or Goldy Hawn and Kurt Russell. People can live together and not legally be married but being committed, in fact, the legal document is just a formality but nobody needs a formality to know or declare they are totally committed to anther person, for all of the right reasons. However, living together for a lengthy amount of time can still mean financial responsibilities after a break up. Community property... find out how your state views such laws.
- Just wanted to mention that there are only a handful of states (about a dozen or so) that still recognize common-law marriage.
- The difficulty with not be married in the "eyes of the law" is that one of the partners (usually the woman) will not be entitiled to many state and/or federal benefits. Other legal formalities such as a POA will not supercede governing laws. Not being legally married would mean the person would not be entitled to pension benefits, shared SS benefits, state and federal tax exemptions and other such financial issues. As unfair and prejudicial as it seems (especially to same sex couples) it is the law and what is legal is not always what is right.
Answer
If you are to be married in the eyes of the Lord then you have to have an ordained minister perform your wedding ceremony. I wish you all the best of luck and happiness in the world:) God Bless:)
The answer is:
No. This is long-running misconception from some who indulge in more soap opera viewing than legal experience.
Few states recongnize 'Common Law' marriages since. Especially since advocates of Gay and Lesbian marriages have used such arguments in thier case for changes in marriange laws.
A Marriage Certificate is a legally-binding document giving the spouse benefits unavailable to a 'live-in' situation. States define marriages as civil unions in both living situations and legally should a spouse physical or mental well-being become compromised.
Merely 'living with someone for xx years' does not constitue any legalities. You get little - if anything.
First answer by anonymous. Last edit by Sbradford7. Contributor trust: 19 [recommend contributor]. Question popularity: 208 [recommend question]
