You recently went through a breakup with your longtime girlfriend or boyfriend. They’ve moved out of the home or apartment you shared together. Then, a few weeks later, you get a knock at the door—it’s divorce papers from your ex! You’re probably wondering what’s going on, especially since the two of you were never officially married.
While this may sound absurd or impossible, it’s not—at least not if you live in Washington, D.C. The District of Columbia recognizes common law marriage, one of only nine jurisdictions in the U.S. that do.
What Is Common Law Marriage?
A common law marriage doesn’t require a ceremony, marriage license, or witnesses. Instead, it simply requires two conditions:
- The couple must intend to be married.
- The couple must live together for a significant period of time. (Bansda v. Wheeler, 995 A.2d 189, 198 (2010); Coates v. Watts, 622 A.2d 25, 27 (1993)).
If these conditions are met, the couple may be considered legally married and subject to D.C.’s divorce laws.
The History and Abuse of Common Law Marriage
Historically, common law marriage existed to ensure that in the event of a partner’s death, the surviving partner could receive benefits, and any children could inherit from the deceased. Today, however, common law marriage can sometimes be misused by ex-partners who would otherwise have no rights or obligations toward one another.
As more couples live together without formal marriage, lawsuits alleging common law marriage are becoming more common in D.C.
What Should You Do If Served With Divorce Papers?
If your ex-partner serves you with divorce papers, it’s important to contact an experienced family law attorney immediately. Your lawyer will help determine whether you actually entered into a common law marriage under the law.
Preventing a Common Law Marriage
If you’re currently cohabitating with a boyfriend or girlfriend and want to avoid establishing a common law marriage, an attorney can help you draft a cohabitation agreement. This agreement clarifies your non-marital status and can also include provisions on how to distribute any co-owned assets if you break up.
Need Legal Assistance?
If you’ve been served with divorce papers by an ex-partner, speak with a qualified family law attorney at the DiPietro Family Law Group. Our attorneys will review your specific situation and fight for your rights and the outcome you desire. Call us today to schedule a consultation at (888) 530-4374.