What If I?m Not Sure I?m Married?
Common law marriage is generally an informal marriage. There is no ceremony. It is an agreement between a man and woman who are legally capable of marrying. It must also be the case that:
- Both parties must intend to be married and agree to it;
- There must be some degree of living together, though no set length of time is required. The simple act of living together, without more, is not enough to establish a common-law marriage;
- There must be public declaration or ?holding out? as husband and wife. While there is no formula to determine if the parties have been ?holding out? as husband and wife, the following activities have been convincing:
- introducing one another as ?Mr. and Mrs.?
- exchanging wedding rings
- mail arrives and is sent as ?Mr. and Mrs.?
- going to social events as a married couple
- naming as spouse in an insurance policy
- joint checking account
- introduction as spouse
- marital status on employment application
A party cannot be married to more than one person at a time. A married person who knowingly marries before dissolving the first marriage could be guilty of bigamy. The innocent ?spouse? in such a case can seek to have the marriage annulled.
If you are not sure if you are married, it is safest to ask the court to decide. You can ask in a divorce or just ask the court to declare the rights of the parties, whether you are married at common law or not. Remember that while you can be married at common law, there is no common law divorce. If there is a common law marriage, you must get a formal divorce from the court before you can marry again, either by common law or by formal, licensed means.
You can find out more on common law marriage from Iowa Legal Aid or on this website.
PLEASE NOTE: Iowa is one of only about 13 states recognizing common law marriage. In most states, the couple has to sign a marriage certificate or they are not married, no matter whether all the above elements are met or not.
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