Here’s the deal with Common Law Marriage in North Carolina: It doesn’t let couples form a new common-law marriage while they’re living in the state. To be considered married in North Carolina, you would need to get a marriage license and have had a ceremony pronouncing you married by a licensed officiant.
However, if a couple comes from another state where they were considered common-law married, North Carolina will respect that marriage. This is because of the U.S. Constitution’s rule that states should honor each other’s legal decisions.
Example Scenario
Imagine a couple who lived together in Colorado, met all the common law marriage requirements there, and then moved to North Carolina. They could claim they’re married in North Carolina if they needed to, and the law would back them up. If someone challenged their marriage, it would be up to the challenger to prove the marriage wasn’t legit.
What Is Common Law Marriage?
Common law marriage is a term you might have heard before. It refers to people who live together like they’re married but never have a big wedding or get a marriage license. The law sometimes treats these couples just like they’re legally married, even without all the paperwork.
The Basics of Common Law Marriage
While each state has its own requirements for establishing common law marriage, there are generally three main things needed for a couple to be considered in a common law marriage (where it’s recognized):
- Agreement: Both people agree they’re married.
- Living Together: They live together in a way that looks like they’re married.
- Social Recognition: They tell people around them they’re married
Why Does This Matter?
You might wonder why determining if a couple is “common law married” is important. It comes up in situations like:
- Inheritance: When one person dies, their partner might want to inherit things just like a legally married spouse would.
- Divorce: If the relationship ends, one person might want to split belongings or get support like in a regular divorce.
- Other Legal Issues: Things like stopping alimony payments because someone “remarried” without a formal wedding or not having to testify against a spouse in court.
In Summary
While North Carolina doesn’t start common law marriages, it does recognize them if they were established in another state where it’s allowed. Knowing about common law marriage helps understand rights in relationships, especially when dealing with the law in areas like inheritance or separation.
Carolyn Bellof
Carolyn Bellof is a Certified Family Law Specialist in North Carolina. She brings empathy and a personal understanding of loss and resilience to her clients, ensuring their legal needs are protected during emotionally challenging family law proceedings.
Unsure about how common-law marriage from another state is recognized in North Carolina? Contact us today for guidance and support on your marital status and rights in NC. Don’t navigate the legal landscape alone—let us help you understand your options!
