14 May Does Tennessee recognize common law marriage?

Getting to know common law marriage in Tennessee

The short answer to the question “does Tennessee recognize common-law  marriage?” is no.

But there is a little more to the concept.

A common-law marriage is one in which the couple presents as married without actually registering their relationship with the state.

The term is often used to refer to a couple that has been living together for a period of time without the supporting documentation. They are also called “marriage without formalities” and “informal marriage.”

In some jurisdictions, common law marriages have the same rights as married couples.

That is not the case in Tennessee.

For a marriage to be legal in Tennessee, state law requires a valid marriage license that was issued by a county clerk for a marriage and signed by a religious leader or other authorized person be filed with the state.

Tennessee courts have consistently recognized that obtaining a marriage license is a requirement for a valid marriage.

A couple can even have a religious ceremony and be married in the eyes of God and not be legally married in the eyes of the law.

But Tennessee and all other states recognize a common law marriage obtained in another state, as long as it was legal in the originating state.

Jurisdictions that recognize common-law marriages are Colorado, Washington D.C., Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas and Utah.

Each state has different rules, like cohabitation, having “the capacity to marry,” and presenting as a married couple, for what constitutes a common-law marriage.

In the last few years, Alabama, California, Nevada and Pennsylvania have passed legislation officially abolishing common-law marriages. They join 36 other states, including Tennessee, that do not recognize them.

And just because a couple didn’t have the state involved when they became common-law spouses doesn’t mean the state doesn’t want to be involved if they split up. A court must still grant a divorce to dissolve the relationship.

If you’re trying to understand the laws regarding marriage/divorce in Tennessee and need legal counsel, contact the Law Office of Michael Craig for any questions or to discuss first steps.