Tennessee, once a haven for common-law marriages, significantly restricted the recognition of these unions in 2011. While it's not entirely accurate to say Tennessee doesn't recognize common-law marriage, the path to establishing one and the legal protections it offers are significantly narrower than in the past. This post will explore the current state of common-law marriage in Tennessee, addressing common questions and clarifying misconceptions.
What is a Common-Law Marriage?
Before delving into Tennessee's specific laws, let's define what constitutes a common-law marriage. A common-law marriage, also known as an informal marriage, is a legal union established without a formal marriage ceremony or license. It requires a clear agreement between two people to be married, followed by cohabitation, and the presentation of themselves to the public as husband and wife. Crucially, the intent to be married must be present from the outset.
Does Tennessee Recognize Common-Law Marriages?
The short answer is: Tennessee recognizes common-law marriages formed before January 1, 2011. However, no new common-law marriages can be formed in Tennessee after that date. This means if a couple lived together and presented themselves as married prior to 2011, they may be considered legally married under Tennessee law, even without a certificate. However, proving this requires substantial evidence.
How Can I Prove a Common-Law Marriage in Tennessee?
Establishing a common-law marriage formed before 2011 requires compelling evidence demonstrating the couple's intent to be married and their presentation as such to the public. This typically includes:
- Testimony: Testimony from the couple, family members, friends, and neighbors who can attest to the couple living together and holding themselves out as married.
- Joint Financial Documents: Joint bank accounts, tax returns filed jointly, insurance policies listing both partners as beneficiaries, and other documents showcasing shared financial responsibilities.
- Shared Residence: Proof of cohabitation at a shared address, including lease agreements or utility bills under both names.
- Social Media and Other Public Presentations: Evidence from social media, wedding announcements, or other publicly available information where the couple presented themselves as married.
What Happens if I Lived with Someone in Tennessee Before 2011?
If you cohabited with someone in Tennessee before 2011 and believe you had a common-law marriage, you should seek legal counsel. An attorney can help you gather the necessary evidence to prove your claim. The legal process for establishing a common-law marriage after the fact can be complex, and the requirements for proof are stringent.
What are the Consequences of a Common-Law Marriage in Tennessee?
The legal consequences of a common-law marriage in Tennessee are essentially the same as those of a formally licensed marriage. This includes rights to:
- Spousal support (alimony)
- Division of marital property in a divorce
- Inheritance rights
- Health insurance benefits
However, the lack of a formal record can make these processes more challenging to navigate.
What if I want to get married in Tennessee now?
If you're looking to get married in Tennessee today, you must obtain a marriage license and have a formal ceremony. Common-law marriage is not a viable option for couples forming a relationship after January 1, 2011.
Can a common-law marriage be dissolved?
Yes, a common-law marriage, even one formed before 2011, can be dissolved through a legal process similar to a divorce.
This information is for general knowledge and does not constitute legal advice. If you have questions regarding common-law marriage in Tennessee, consult a qualified attorney. The legal landscape surrounding common-law marriage is nuanced and requires expert guidance.
