Understanding Common Law Marriage in D.C.: What You Need to Know
Common law marriage is a legal concept that has a long history in many cultures around the world. It often refers to a situation in which two people are deemed by law to be married without a ceremony or formal license. The lack of a license or ceremony is what sets apart common law marriages from other couples. It is not entirely clear, however, how this type of union relates to Washington D.C. and common law marriage today.
Historically, common law marriage has been very important for many people. In some cultures, marriage between two people is not accepted unless it is sanctioned by the government and the Catholic church. In such instances, common law marriages are not a problem, as the two people are seen as being in a legal marriage.
Ultimately, the idea of common law marriage in D.C. is one that has evaded acknowledgment. In fact, the District Code of D.C. says that a common law marriage is “denied legal effect.” This means that there is no mutual consent of the minds and no joined assets to be divided if a common law marriage occurs. By definition, a common law marriage has never occurred in D.C.
Although this area has not been specifically studied from a legal standpoint, it is possible to define common law marriage in D.C. in a few different ways. A couple may decide to live together for an extended period of time or even decide to have children, but this does not necessarily mean that they have entered a common law marriage situation. The law in D.C. looks at these two separate circumstances very differently.
Many people who have lived in D.C. for an extended period of time believe that they are in a common law marriage. Again, D.C. courts will certainly look differently at a long-term relationship of cohabitation than they would in another city or state that recognizes a common law marriage.
In D.C. there is no need for contracts like those often found in a long-term marriage, but it can be helpful to discuss issues of merit. It is not unusual for people in a long-term relationship in D.C. to take on many of the same attributes as those who are legally married or engaged to be married. For example, a couple might share assets, property and even children.
If you want to look into whether or not your relationship qualifies as a legal union in D.C., you might consider speaking with an experienced attorney. Although the concept has not traditionally been recognized in the District, you might find out that you qualify for a common law marriage due to your relationship with someone. Although this may not be very common among residents of the District, it can certainly happen.