What Is a Common Law Marriage?

August 10, 2022

In the United States, there are two types of marriages: civil marriages and religious marriages. However, there are also common law marriages. Ceremonial marriages are those that are performed by a religious official or civil servant, while common law marriages are created when a couple lives together and holds themselves out to the public as being married. This blog post will explain what is a common law marriage and discuss some benefits of this type of union.

What Is a Common Law Marriage?

A common law marriage is a marriage that is not officiated by a religious or civil authority but rather by the mutual agreement of the couple. Common law marriages are recognized in some countries, and while they may not have all of the legal benefits of traditional marriage, they can be just as strong and lasting.

The requirements for this type of marriage vary from state to state, but generally, the couple must live together for a certain period of time (usually several years) and must present themselves to others as husband and wife. In some states, the couple must also exchange vows or sign a contract stating their intention to be married.

In South Miami, for instance, common law marriages are not recognized. This can pose problems for couples who move here from another state where their marriage is considered legal. If the couple decides to divorce, they may have a more difficult time dividing up their assets and property, as there is no official record of the marriage. Several other states recognize common law marriage, including Colorado, Kansas, Montana, New Hampshire, Texas, Utah, and the District of Columbia.

What Are the Benefits of Common Law Marriage?

There are many benefits to having a common law marriage. One of the biggest benefits is that you do not have to go through the hassle and expense of getting a divorce if you decide to end the relationship. Another benefit is that, in most states, your common-law spouse will be treated the same as a traditional spouse when it comes to things like inheritance and medical decision-making. So, if you’re thinking about entering into a common-law marriage, be sure to do your research and understand the laws in your state.


Common-law marriage can be a great way to enter into a committed relationship without having to go through all the hassle and expense of a traditional marriage. If you’re in a common law marriage and considering moving to South Miami (or any other state where common law marriage is not recognized), it’s important to consult with an attorney beforehand to find out what your rights and options may be. Law Offices of Granoff & Kessler can help. Give us a call today to schedule a consultation.

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