Evening star., 1940-02-11
Decline in Marriages
Under Common Law
In j. ). Noted
Such Unions Eusier
Than Century Ago,
Study Emphasizes
BY HOWARD w. BLAKESLEE.
Associated Press Science Editor.

By HOWARD w. BLAKEsLEE.
Associated Press Science Editor.
BLOOMINGTON. Ind, Feb. TO-
A study Of common law marriage
reported at Indiana University, in
dicates that this kind of matrimony
compared to so years ago. is on the
wane in the United States.
The study was made by Prof
Harvey j. Locke, assistant profess
sor of sociology. The decrease ap-
pears at period when some Of
the new factors in social life make
common law unions easier than
they have been for, perhaps, q CEN
tury.
A hundred years ago frontier
conditions caused not only toler-
ance for these marriages, but some
times necessity. In Alabama, Prof.
Locke says, in the Tombigbee and
Lake Tensaw regions, ministers and
magistrates appeared only occa-
sionally. Meanwhile the sexes
paired of, living together with mu-
tual promise of marriage.
Two New Social Factors.
Today, the necessity no longer
exists, but two new social factors
make these unions easier.
One is mobility, gift of the auto
mobile, which allows couples to dis
regard the disapproval of q neigh
borhood, simply by moving into a
new location.
The other is increase of popula-
ton. which likewise aids secrecy.
Other reasons for common law
marriages found by Prot. Locke in
clude beliefs that a ceremony adds
nothing to the sanctity or security
of marriage.
There Is also rebellion against
customs which place social impedi-
ments to marriages between people
Of certain groups or classes.
Finally, leading to common law
union is irregular sex behavior.
The evidence that despite all this,
such marriages are infrequent,
comes from social welfare agencies,
lawyers and businessmen. The re-
lief workers supplied information
about the lower economic strata
while the attorneys and tradesmen
spoke for the average levels.
Excuse No Longer Exists.
"The most prevalent attitude to-
day. says Prof. Locke, seems to be
that since the covered wagon days
are over, and greatly improved roads
and transportation have been intro
duced, there is no longer any excuse
for people to engage in this type of
marriage.
People today are eager to an
nounce their marriage in news
papers, by showing rings, and by
having weddings of the toot horn
variety. The vast majority OF indi-
vidIals believe in the sanctity of mar
riage and adhere to the belief that a
marriage is more secure when con-
tracted by civil or religious cere-
mony"
Under the law mutual consent be-
tween man and woman is the
essential requirement of common law
marriage. But the court rulings
have placed added restrictions on
this form of union. Due to diff
culties of proving the agreement
when one of the parties has chosen
to deny it. the courts have set up
requirements Of additional evidence.
This includes living together and
open acknowledgment of the parties
as man and wife, or indirect evil
dence, such as correspondence, news
paper items about the couples, bills,
checks, bank accounts, reservations
at social functions, mortgages, wills
or conversations with people.
Finally, a common law marriage
is no way to escape divorce after
legal marriage. Without divorce the
common law union is not legal. Even
prior common law marriage has to
be legally dissolved before q second
OF the same kind is legal.