Common law marriage is a misunderstood area of law and can vary widely by state. But generally, common law marriage is an alternate way to achieve a legal marriage without the need of the formalities typically associated with a marriage ceremony. For example, in Iowa, a common law marriage requires that the parties agreed to be married, lived together continuously as partners, and otherwise acted like a married couple. This is a very fact-driven issue and takes into consideration how the couple addressed themselves to friends/family, if one partner adopted a different last name, and how they filled out certain forms for insurance, banking, taxes, etc. A common misconception is that a common law marriage is triggered as soon as a couple lives together for a certain period of time (a common belief is either 7 or 10 years). That is not the case in Iowa, as there is no requirement that the parties live together for any specified period of time before a common law marriage becomes binding.
Let’s assume for a moment that you meet all the legal requirements for a common law marriage, and now you want a divorce. Unfortunately, “common law divorce” does not exist. That means you have to go through the same divorce process as a couple who went through a formal marriage ceremony. The only difference is you may have to prove the existence of a common law marriage before you can get divorced.
Common law marriage and its impact on divorces, property distributions, wills, trusts, and estates is a rather convoluted and complicated area of law. If you find yourself in a situation where common law marriage is relevant, our attorneys strongly recommend you set up a consultation to discuss the particular aspects of your case.