Common Law Marriage in RI

Getting the Facts Straight

According to the general population, the main characteristic of a common law marriage is that you live together for at least 7 years; a tremendous misconception. In Rhode Island the provisions for determining a common law marriage have nothing to do with how long you live together, and everything to do with whether or not you already consider yourselves a married couple.

In RI, for a couple to establish themselves under the common law marriage precedents, they must “seriously intend to enter into the husband-wife relationship.” The prevailing precedents come from case law, and speak to the way a couple conducts themselves, how they introduce themselves to other members of the community, and of course their living arrangement.

One of the major building blocks in a common law marriage case, would be whether the couple presents themselves to the community at large, family and friends, as being a married couple. These statements would have to be made with no denial from either husband or wife. If a women were to adopt the surname of her husband, if the couple were to file their taxes jointly as a married couple, as well as any property or finances held jointly can all point to the existence of a marital relationship.

The inclusion of one of the criteria, or all of the criteria, do not necessarily imply to the Court that a common law marriage exists. It is more a combination of various facts and situations that may tell a Judge that a marital relationship exists between the parties. Because there are many factors that can be considered when establishing the existence of a common law marriage, discussing your individual circumstances with a qualified domestic relations or family law attorney is the safest way to be certain your rights are preserved.

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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.