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Common Law Marriage

Jan 12

Common Law Marriage

In Utah, marriage is a legally binding contract between two people. Sometimes people don't get married, but live together in a common law marriage. To be considered married in the state, the couple must have a marriage license and follow the proper procedures. There is no such thing as a "common law marriage" in Utah. There is something else called a "marriage like relationship" in Utah. You need to make sure you have a lawyer to help you with getting your relationship certified through the court.

Marriage

Divorce

Common law marriage in utah

Marriage like relationship in Utah

- "marriage" should be capitalized because it's a proper noun, but should not be capitalized in marriage like relationship or marriage certificate because they are not proper nouns. - ""marriage" should be capitalized because it's a proper noun, but should not..." have no other punctuation besides periods at the end of each sentence. - general rule: capitalize only if required by an official style guide (such as APA), lower case otherwise - this is just background information and does not need to be included unless you cite your sources ● marriage between two people with valid marriage license ● certification recognized as a marriage in the State of Utah.

 

However, there are some couples who choose to bypass the license and formalities, and enter into a common law marriage instead. Common law marriage is a term used to describe a marriage that is not recognized by the state, but is still considered valid by the couple.

 

There are several requirements for a common law marriage to be valid. The couple must live together, hold themselves out as husband and wife, and intend to be married. In addition, both parties must be of legal age (18 in Utah) and mentally competent. There are some exceptions to this rule. Frequently, common law marriage is recognized in cases where one partner was severely injured or incapacitated. There are even some circumstances where underage marriage is allowed through the marriage by contract process.

- marriage between two people with valid marriage license - certification recognized as a marriage in the State of Utah. So these are the elements you need to show in court to have a "common law marriage" in Utah:

● acted like you had a valid marriage

● living together

● holding themselves out as husband and wife

● intend to be married

● both parties must be of legal age (18 in Utah) and mentally competent

You both should also share bank accounts, utility bills, cell phone plans, and have other assets co-mingled.

If you are in a common law marriage and decide to get divorced, the process is essentially the same as any other divorce. The couple will need to file for divorce and go through the court proceedings. There is no special designation for a common law marriage on the divorce paperwork. However, if there is a dispute over the validity of the marriage, it could be resolved in court.  In almost all states, courts regularly handle divorce matters so for a Utah divorce, you need to go through court.

- marriage between two people with valid marriage license - certification recognized as a marriage in the State of Utah. So if you have a "marriage" like this and want to get divorced, you'll have to go through all the steps of getting a divorce just like any other couple would:

● both parties will need to file for divorce

There are some exceptions to this rule ● severe injury/incapability ● underage marriage can be done on occasion, but you have to go to court to handle it. Make sure you have a lawyer help you so you don't get into trouble.  Anytime you go to court, you really should have attorneys on your side to protect you.

 

Ascent Law LLC
8833 South Redwood Road, Suite C
West Jordan, Utah 84088
(801) 676-5506
https://www.ascentlawfirm.com/

 

Ascent Law Salt Lake City Utah Common Law Marriage

 

Ascent Law St. George Utah Common Law Marriage

Ascent Law Ogden Utah Common Law Marriage

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