Tennessee is a unique case when it comes to common-law marriage. While it was a common-law marriage state, Tennessee no longer recognizes common-law marriages formed after January 1, 2011. This means that any couple attempting to establish a common-law marriage after this date will not be legally recognized as married in Tennessee. However, it's crucial to understand the implications for couples who entered into common-law marriages before this date. Let's delve into the specifics.
What is a Common-Law Marriage?
A common-law marriage, also known as an informal marriage, is a marriage created without a formal marriage license or ceremony. It typically requires three elements:
- Cohabitation: The couple must live together.
- Capacity: Both individuals must be legally able to marry.
- Intent: Both individuals must have the present intent to be married.
This "intent" is often the most difficult element to prove, as it requires demonstrating to a court that both parties genuinely considered themselves married. This might involve presenting evidence such as joint bank accounts, joint tax returns, shared property deeds, and witness testimony from family and friends.
What if a Couple Established a Common-Law Marriage Before January 1, 2011?
If a couple established a common-law marriage in Tennessee before January 1, 2011, that marriage is still legally recognized in the state. However, proving the existence of the marriage can still be challenging and may require legal counsel. The same three elements – cohabitation, capacity, and intent – would need to be established in court.
How Does Tennessee's Law Affect Existing Common-Law Marriages?
The abolishment of common-law marriages after January 1, 2011, doesn't invalidate existing common-law marriages. These marriages remain legally valid for purposes of inheritance, property division, and other legal rights associated with marriage. However, couples in these pre-2011 common-law marriages might choose to formalize their union with a traditional marriage license and ceremony for clarity and ease of future legal processes.
What are the Implications for Divorce and Property Division?
The legal implications of a common-law marriage, whether established before or after the 2011 law change (though only those before are valid), are similar to those of a formally recognized marriage. In the event of a divorce or separation, the court will consider the division of property and other assets acquired during the marriage. This can involve complex legal proceedings requiring the services of an experienced family law attorney.
Can I Prove a Common-Law Marriage in Tennessee?
Proving a common-law marriage in Tennessee, especially one formed before 2011, requires substantial evidence. This evidence might include:
- Joint bank accounts and credit cards: Documents showing joint financial management.
- Joint tax returns: Filing taxes jointly demonstrates a marital status.
- Shared property deeds: Ownership of property jointly supports the claim of marriage.
- Witness testimony: Statements from family and friends attesting to the couple's representation of themselves as married.
- Photos and videos: Visual evidence that may help demonstrate the couple's life together.
- Letters and emails: Correspondence reflecting the couple's marital intentions.
It is highly recommended to seek legal counsel if you are trying to prove a common-law marriage in Tennessee. The legal landscape is complex and requires an understanding of the specifics of the relevant statutes and case law.
Why Did Tennessee Abolish Common-Law Marriage?
The reasons behind Tennessee's decision to abolish common-law marriages were likely multifaceted, likely encompassing concerns about:
- Proof of marriage: The difficulty in proving the existence and validity of common-law marriages often leads to costly and drawn-out legal battles.
- Clarity and certainty: The formalization of marriage through licenses and ceremonies provides more clarity and certainty for legal and financial matters.
- Fraud and abuse: The potential for abuse and fraudulent claims of common-law marriage led to legislative action.
While the abolishment simplifies legal procedures in some ways, it also highlights the importance of formally registering a marriage to avoid future complications.
This information is for general guidance only and should not be considered legal advice. Consult with a qualified Tennessee attorney for legal advice tailored to your specific situation.
