Introduction
A common law marriage, an informal type of marriage without a license, ceremony, or solemnization, is recognized in some states in the United States. However, Indiana is not one of these states.
Understanding Common Law Marriages
A common law marriage is a unique type of marriage that does not require a legal ceremony or registration, yet it is still recognized as valid by the state. It is established through the actions and intentions of the couple involved. In states that recognize common law marriages, the couple must typically live together for a certain period, often around seven years, and present themselves as a married couple.
Indiana Law on Common Law Marriage
Indiana, unlike some other states, does not legally recognize common law marriage. Regardless of how long a couple has cohabitated, they are not considered married under Indiana law. In the eyes of the state, marriage is a legally binding contract that necessitates a license, solemnization, and registration.
Indiana Marriage Laws
Marriage in Indiana is governed by the Indiana Code, which allows two individuals who are 18 years old or older and legally eligible to marry to enter into marriage. Both parties must be present when obtaining the marriage license. The marriage must be solemnized by an authorized individual, such as a clergy member or a judge, and registered with the county clerk.
The Impact of Not Recognizing Common Law Marriage in Indiana
The failure to recognize common law marriage in Indiana can have significant implications for unmarried couples who have shared their lives and jointly acquired assets. In the event of separation, they may encounter challenges when dividing property and assets.
Property Division in Indiana
Indiana courts adhere to the principle of equitable distribution when dividing property and assets during a separation or divorce. Equitable distribution means that the court divides assets fairly, though not necessarily equally. However, in the absence of a formalized marriage, the division of property and assets can become more complex since there is no existing legal agreement to guide the process.
Conclusion
Indiana does not acknowledge common law marriage as a legally recognized form of marriage. It only recognizes marriages that have been formalized through a legal ceremony, marriage license, solemnization, and registration. This lack of recognition can have ramifications for unmarried couples who have accumulated assets and property together but later decide to separate. To ensure legal protections, it is advisable for couples to consider formally registering their marriage.