Most people do not spend years in a committed relationship thinking about whether the law considers them “married.” In many cases, couples simply move in together, build a life together, share expenses, raise children, buy homes, and continue on with their lives without ever formally getting married. However, when relationships end, many partners will wonder what their rights are, as Rhode Island is one of the few states that still recognizes common law marriage.
If you believe you may be in a common law marriage, or are unsure whether your relationship qualifies, it is important to speak with an attorney who can evaluate the facts of your situation and help you understand your legal options. Contact the knowledgeable Providence family lawyers at Caprio Law to learn more about common law marriage laws and how our firm can assist you.
What Is a Common Law Marriage?
Simply put, a common law marriage is a marriage that exists without the traditional formalities that most people associate with marriage, such as obtaining a marriage license or having a formal ceremony. That being said, this does not mean that every unmarried couple living together is automatically considered married under the law. Far from it, actually.
Generally speaking, a common law marriage exists when two people intend to be married and conduct themselves in a way that demonstrates that intent to others. In many cases, Rhode Island courts will examine the overall nature of the relationship and parties’ financial documents to determine whether a valid common law marriage exists. Some examples of behavior that may support a common law marriage claim are as follows:
- Referring to each other as husband and wife or spouses
- Filing joint tax returns
- Sharing bank accounts
- Naming one another as spouses on insurance policies
- Wearing wedding rings
- Introducing each other publicly as married
- Listing one another as spouses on legal or financial records
- Holding themselves out to friends, family members, coworkers, or the community as a married couple
Of course, no single factor automatically establishes a common law marriage. Instead, Rhode Island courts will generally examine the totality of the circumstances before making a determination.
Does Rhode Island Recognize Common Law Marriage?
Yes. Rhode Island does recognize common law marriage. However, many people are surprised to learn just how fact-sensitive these cases can become.
In Rhode Island, courts have historically acknowledged that a couple may be legally married even if they never obtained a marriage license or participated in a formal wedding ceremony. However, there must generally be evidence showing that both individuals mutually intended to enter into a marital relationship and that they held themselves out as a married couple.
Unfortunately, many people mistakenly believe that simply living together for a certain number of years automatically creates a common law marriage. This is not true. Rhode Island law does not establish a specific number of years that automatically transforms a dating relationship into a marriage. Instead, courts will usually analyze factors such as:
- Whether the couple consistently held themselves out as married
- Whether the couple intended to be married
- Whether friends, family members, and the community viewed them as spouses
- Whether financial and legal documents reflected a marital relationship
How Do Courts Determine Whether a Common Law Marriage Exists?
Rhode Island courts generally look at the relationship as a whole when determining whether a common law marriage exists. There is rarely one “magic” piece of evidence that settles the issue outright. Instead, courts frequently review:
- Witness testimony
- Financial records
- Tax filings
- Insurance documents
- Property ownership records
- Statements made by the parties
- Social media activity
- The couple’s reputation within the community
- Estate planning documents
- Beneficiary designations, and other records potentially identifying the parties as spouses
One of the primary issues courts examine is whether both parties intended to enter into a marital relationship. This intent does not necessarily have to be expressed in writing or spoken directly in front of witnesses. In many cases, intent is inferred from conduct over time or from various documents.
For example, if a couple consistently introduced one another as spouses, signed documents identifying themselves as married, and lived publicly as a married couple for years, a court may find that a common law marriage existed.
On the other hand, if the evidence is inconsistent, the situation becomes far more complicated. For example, if one partner referred to the other as a spouse socially, but consistently identified themselves as “single” on tax returns or government documents, a court likely will not find that a common law marriage existed.
Because these cases often turn on details, documentation, and credibility, it is important to work with an attorney who can help gather evidence, prepare testimony, and present a clear argument to the court.
Is Living Together Enough to Create a Common Law Marriage?
No. Living together alone is not enough to establish a common law marriage in Rhode Island.
This is perhaps one of the biggest misconceptions surrounding common law marriage. Many people believe that if a couple lives together for seven years, they automatically become legally married. Again, this is simply not true.
While cohabitation is certainly one factor courts may consider, Rhode Island courts generally require much more than simply sharing a residence. For example, courts will often look for evidence showing that the couple:
- Intended to function as a married couple
- Presented themselves publicly as spouses
- Shared responsibilities and finances in a marital-type relationship
- Consistently represented themselves as married over time
Two people can live together for decades and never become legally married under Rhode Island law. Conversely, another couple may establish a valid common law marriage in a shorter period of time if the evidence strongly supports the existence of a marital relationship.
Unfortunately, disputes frequently occur after separations, especially when significant property or financial assets are involved. One party may suddenly assert that a common law marriage existed in an effort to pursue property rights, alimony, or inheritance rights, while the other party argues that no marriage ever existed at all.
What Rights Do Common Law Spouses Have in Rhode Island?
If a Rhode Island court determines that a valid common law marriage existed, the spouses will generally have many of the same legal rights as couples who participated in a formal marriage ceremony. Depending on the circumstances, these rights may include:
- The right to seek a divorce
- The right to equitable distribution of marital property
- Potential rights to alimony or spousal support
- Inheritance rights
- Access to certain employment or insurance benefits
- Rights involving retirement accounts and pensions
This is often where these cases become particularly significant. For example, if one spouse passes away without a will, the surviving partner may attempt to assert inheritance rights by arguing that a common law marriage existed.
Similarly, if a long-term relationship ends, one party may pursue financial relief through the divorce process if the relationship qualifies as a legal marriage under Rhode Island law.
How Is a Common Law Marriage Proven in Rhode Island?
Since there is no marriage certificate involved, proving a common law marriage often requires substantial evidence. In many cases, the court must piece together the history of the relationship through documents, testimony, and other evidence. Some of the most common forms of evidence used to prove a common law marriage can include the following:
- Joint bank account statements
- Tax returns
- Mortgage documents or leases
- Insurance policies
- Retirement account beneficiary forms
- Testimony from family members or friends
- Correspondence identifying the parties as spouses
- Photos, cards, or invitations referencing the relationship as a marriage
- Medical records, emergency contact forms, or employment documents listing the parties as spouses
- Announcements or public statements describing the relationship as a marriage
Witness testimony is often extremely important in these cases. Friends, relatives, coworkers, neighbors, and others may testify regarding how the couple presented themselves publicly throughout the relationship.
In some situations, even social media posts or obituary notices become relevant evidence.
Of course, not every case is straightforward. In many situations, evidence may conflict, memories may differ, and both parties may describe the relationship very differently. This is especially common when the relationship ends badly or involves significant financial disputes.
Can You Get Divorced if You Were Common Law Married?
Yes. If a Rhode Island court determines that a valid common law marriage existed, the couple will generally have to go through the formal divorce process to legally end the marriage.
In other words, if the law recognizes the relationship as a marriage, the relationship cannot simply be ended informally. Once a common law marriage is established, issues that may need to be resolved can include:
- Division of marital property
- Alimony
- Child custody
- Child support
- Allocation of debts
- Retirement account division
- Ownership or occupancy of the marital home
One important thing to understand is that, in many common law marriage divorce cases, the court must first determine whether the parties were legally married before the divorce case itself can fully proceed. Naturally, this can add another layer of litigation to an already difficult situation.
Unfortunately, these cases are rarely simple. In many instances, one party strongly believes the relationship constituted a marriage, while the other party denies it altogether. Because of this, extensive evidence, witness testimony, and litigation are frequently involved.
Why Choose Caprio Law for a Common Law Marriage Case?
Common law marriage cases require careful preparation. The outcome often depends on how well the evidence is organized, how clearly the facts are presented, and how effectively your attorney can explain the nature of the relationship to the court.
Caprio Law understands the sensitive and complex issues that can arise in these matters. Our firm can help you assess whether a common law marriage may exist, identify relevant evidence, prepare for court proceedings, and pursue a strategy designed to protect your interests.
Contact Our Rhode Island Common Law Marriage Lawyers
If you believe you may be in a common law marriage and are facing any family law issue, or have questions about your case, please don’t hesitate to contact Caprio Law for an initial consultation today. We’re here to discuss your needs and get you the peace of mind you deserve.
