North Carolina's stance on common law marriage is a complex one, often causing confusion for residents and those considering relocating to the state. While the state used to recognize common law marriages, it no longer does. This means that couples who believe they are in a common-law marriage in North Carolina will not be legally recognized as such by the state. However, understanding the historical context and the legal ramifications is crucial. This article aims to clarify the situation and answer some frequently asked questions.
What is Common Law Marriage?
Before diving into North Carolina's specific laws, let's define common law marriage. Also known as informal marriage, it's a legal marriage that arises not from a formal ceremony or license but from the couple's agreement to be married and their subsequent cohabitation. Key elements usually include:
- Agreement: A clear and mutual agreement between the two individuals that they are married.
- Cohabitation: The couple must live together as husband and wife.
- Public Representation: They must hold themselves out to the public as a married couple.
When Did North Carolina Stop Recognizing Common Law Marriage?
The key date to remember is January 1, 1968. Before this date, common law marriages entered into in North Carolina were legally recognized. However, North Carolina abolished the recognition of new common-law marriages starting January 1, 1968. This means that any couple who attempted to establish a common-law marriage after this date will not be legally recognized as married in the state.
Are Existing Common Law Marriages Still Valid in North Carolina?
This is a crucial point: While North Carolina no longer allows the formation of new common-law marriages, it does still recognize common-law marriages that were legally established before January 1, 1968. If a couple formed a common-law marriage prior to that date and continued to live together as husband and wife, their marriage is generally considered valid in North Carolina for purposes of inheritance, property rights, and other legal matters. Proving such a marriage, however, requires substantial evidence.
How Can I Prove a Common Law Marriage in North Carolina (for those established before 1968)?
Establishing a pre-1968 common-law marriage requires strong evidence. This typically includes, but isn't limited to:
- Witness Testimony: Testimony from individuals who knew the couple and can attest to their representation of themselves as married.
- Financial Records: Joint bank accounts, tax returns filed jointly, and other financial documents showing the couple's shared finances.
- Public Records: Birth certificates listing the same surname for children, or other documents showing the couple's public representation as a married couple.
The burden of proof rests on the individual claiming the common-law marriage. It's often a complex legal process requiring legal counsel experienced in family law.
What Happens if I Believe I Was in a Common-Law Marriage After 1968?
Unfortunately, if you believe you were in a common-law marriage after January 1, 1968, North Carolina will not recognize it as a legal marriage. You may have certain rights regarding property division or child custody depending on the specifics of your situation, but these rights would be determined based on other legal frameworks, not common-law marriage. Seeking legal advice from a qualified family law attorney in North Carolina is crucial to understand your rights and options.
What if I Moved to North Carolina from a State that Recognizes Common Law Marriage?
North Carolina generally follows the laws of the state where the common-law marriage was established. However, the crucial factor is the date the marriage was established. If the common-law marriage was formed before January 1, 1968, in a state that recognized common-law marriage, North Carolina may recognize it, but the same rules of evidence will apply.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. For advice specific to your situation, consult with a qualified North Carolina family law attorney.
