Common Law Marriage in North Carolina

My last post discussed the laws relating to unmarried domestic partners, i.e. couples who have lived together for a significant period and acted like they are married.

 One of the biggest misconceptions about the law of marriage in North Carolina is that there are “common law wives” or “common law husbands” in this state.  North Carolina does not grant common law marriages.

Other states do recognize common law marriages.  And, if two people were common law spouses in another state, and then moved to North Carolina, North Carolina may recognize the common law marriage from the other state. But, in or order to get married in North Carolina you have to have a marriage license and a marriage ceremony (in the courthouse or otherwise). 

Because North Carolina does not recognize common law marriages, North Carolina couples that have lived together, but have never been married do not receive the same rights accorded to married couples. 

These rights are significant.  Some of the most important ones are:

-  The right to ask the court to equitably divide property at the end of the relationship;

-  The right to seek financial spousal support from the other party at the end of the relationship;

-  The right to take a share of a spouse’s estate at their death (“elective share” in legalese); and

-  The right to receive spousal benefits from certain retirement plans and pensions.

The bottom line is that is that if you have any questions about whether you are legally married in North Carolina, you should contact a North Carolina family law attorney.  Otherwise, you risk missing out on important protections if your relationship comes to an end.

Randolph (Tré) Morgan III is an experienced family law attorney accepting cases in Raleigh, Cary, Apex, Garner, Fuquay-Varina, Clayton, Smithfield, Wake Forest, RTP, Durham, Chapel Hill, Holly Springs and surrounding areas.  He focuses his practice in divorce, child custody, alimony, child support, equitable distribution, property division, alienation of affection, criminal conversation, parentage, guardianship and other family related matters.  

Family Law Research DIY

If you want to investigate North Carolina family law on your own, you can find most of the rules that the legislature has made for family law cases on the North Carolina General Assembly's website.

As an important side note, you should know that each of these rules (in legalese, "statutes") has been interpreted or explained by the North Carolina Court of Appeals and/or the North Carolina Supreme Court. These explanations of the rules come in the form of written "decisions" by those courts (these decisions are also commonly referred to as "case law" and "common law"). So, in order to have a full understanding of many of the rules, you have to also review the interpretations issued by the courts. Understanding the rules as well as the court's written interpretation of the rules is a very large part of what makes a family lawyer a valuable resource for you.

If you are interested in legal representation, please contact me by email or at (919) 781-1311. You can also find me at www.nichollscrampton.com (this site currently being updated).

Please note that nothing on this blog should be considered legal advice and that viewing the information on this blog does not create an attorney-client relationship between us. You are advised to consult with an attorney to confirm the current state of any legal information contained in this blog, as the law constantly changes.