Does Tennessee Recognize Common Law Marriage?

Recently, the term “common law marriage” has gained attention as people explore alternatives to traditional marriage. Common law marriage might seem appealing to those who wish to delay marriage, avoid a formal ceremony, or stay in a long-term, committed relationship without the traditional legal framework. However, the practice of common law marriage is becoming less common as many states now require formal marriage procedures to ensure legal protections and rights.

 Defining a common law marriage

Common law marriage is “a marriage without formal solemnization or without formalities such as a marriage license or ceremony.” This type of marriage is considered a legal and informal marriage, which means that couples in certain states can still become married if they choose to skip the legal formalities of obtaining a marriage certificate or holding a wedding ceremony for their family and friends to see. Those who want to enter a common law marriage typically need to live together (cohabitate) for a certain amount of time and consider themselves a married couple to their friends, family, employers, and others in their communities.

Does Tennessee recognize common law marriage?

Tennessee does not permit the formation of common law marriages within the state. Therefore, you cannot enter into a common law marriage while living in Tennessee. However, Tennessee will recognize a common law marriage if it was legally established in another state that allows or recognizes common law marriages. This means that if you and your partner entered into a common law marriage in another state that allows and recognizes common law marriages and move to Tennessee, the state will recognize your common law marriage. While common law marriages used to be more common than they are today, there are a few states left that still allow couples to enter into common law marriages or recognize common law marriages that occurred before a certain date, which include:

• Washington, DC
• Texas
• South Carolina (before July 24, 2019)
• Rhode Island
• Pennsylvania (before January 1, 2005)
• Oklahoma
• Ohio (before October 10, 1991)
• Montana
• Kansas
• Iowa
• Indiana (before January 1, 1958)
• Idaho (before January 1, 1996)
• Georgia (before January 1, 1997)
• Florida (before January 1, 1968)
• Colorado
• Alabama (before January 1, 2017)

New Hampshire also recognizes common law marriage when individuals are going through the inheritance process, which commonly happens when their long-time partner passes away.

What if my partner and I move to Tennessee as a common law married couple?

Comity is an important law for those moving or thinking about moving to Tennessee as a common law married couple. This law ensures that states respect the laws and decisions of other states not only out of obligation but also out of mutual respect. For example, if a person is convicted of stealing in Florida and moves to Oregon, they will still have a stealing conviction on their record when they get to Oregon. It is the same for any other laws and decisions, including common law marriage. if a couple becomes recognized as a common law married couple in Oklahoma and later moves to Tennessee, their marriage would still be considered valid and legal in Tennessee. However, if they move to Tennessee before they are considered a common law married couple in Oklahoma, they would not be able to enter into a common law marriage in Tennessee.

If you are unsure whether you and your partner are in a common law marriage, it is important to speak to a Franklin family law attorney who has experience and knowledge about the requirements for these types of marriages. They can go over your unique situation and circumstances as well as help you determine whether you entered into an informal but legal marriage in your state before moving to Tennessee.

Can I obtain a divorce from my common law marriage in Franklin, TN?

Yes, you can obtain a divorce in Franklin, TN, if you are in a common law marriage. However, proving the existence of a common law marriage can be more challenging compared to a traditional marriage due to the lack of formal documentation. To demonstrate the validity of your common law marriage, you might need to provide:

• IDs, drivers’ licenses, or other documents with the same last name.
• Jointly filed income taxes.
• Birth certificates or other documents showing that you have children together.
• Bankruptcy filing paperwork with both of your names.
• Documents showing that you both own a business together.
• Rental leases or mortgages with both of your names showing consistent cohabitation.
• Health insurance documents showing you both are on the policy.
• Checking accounts, savings accounts, or credit card accounts that show you share finances together.

If you and your spouse are seeking a divorce from your common law marriage, please do not hesitate to reach out to a family law attorney as soon as possible. At the Law Offices of Adrian H. Altshuler & Associates, we have helped many couples overcome the hurdles and obstacles that often emerge with these types of marriages. While the process may feel stressful, frustrating, or even overwhelming at times, our Franklin County family law attorney is here to help you take the proper steps to navigate it as quickly and efficiently as possible. He is also available to go over cohabitation agreements, wills, and trusts to give you and your long-term partner peace of mind if you do not wish to become legally married but want to protect your assets, properties, businesses, and more. Please call our office or submit our contact form to discuss your situation today. We can schedule your appointment at one of our offices in Franklin, Columbia, and Brentwood for your convenience.