What’s the definition of common law marriage, and in what States is it recognized?
Ruby Norta Gumapac Assistant at Ascent Law LLC
If you’ve been confused about what a Common Law Marriage is, then you’ve come to the right place. Learn the definition of this marriage type, which includes the implications it can have on insurance coverage and entitlement to benefits. Learn about the legalities of common law marriages in Draper Utah.
Common Law Marriage
In order to be married under common law, both parties must formally agree to marry one another. This can be done by signing a written agreement stating their intention to marry and the date that the marriage began. It is even more persuasive if the document is witnessed by a third party. There are several different ways to prove common law marriage.
In order to establish a common law marriage, the parties must be competent, unrelated, and able to communicate. These parties must also be mentally capable. Marriage under common law requires that the parties express their desire to marry each other and to live together in the same house. The parties must also have a joint bank account.
Common law spouses have similar rights to married people, but they must go through the same legal process. Whether a spouse files for divorce or not, they must prove that they were married. In Utah, they can also seek rehabilitative alimony from the court. This type of support is meant to provide the common law spouse with temporary financial assistance until they are able to become financially independent. If common law spouses have children together, they can also establish the validity of their marriage. In addition, they can also use mediation to establish custody agreements.
The first step to legalizing your relationship is to obtain a marriage license. The state requires both parties to be over the age of 18 to be legally married. Minors under 16 must seek the consent of their parents or guardians. The second step is to make sure that the two people who intend to get married have been together for a certain amount of time. The duration of time must be reasonable in light of the circumstances. If you are planning to get married after a certain period of time, you will need to obtain a marriage license or have a ceremonial wedding.
A common law marriage in Utah requires at least several years of cohabitation between the partners. The number of years can vary, but usually it’s seven or more. Both parties must maintain an appearance of marital union, share the same last name, and file joint tax returns. The couple must also own a home together.
If you need an Common Law Marriage, please call this law firm for a free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
When you need a Divorce Lawyer, contact this law firm:
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Ascent Law LLC St. George Utah Office
Ascent Law LLC Ogden Utah Office
|Salt Lake, Utah
|Ebenezer Brown and his wife Phebe DRAPER Palmer Brown
|William Draper, Jr.
|Troy K. Walker
|29.96 sq mi (77.61 km2)
|29.95 sq mi (77.57 km2)
|0.01 sq mi (0.04 km2)
|4,505 ft (1,373 m)
|1,700/sq mi (660/km2)
|UTC−7 (Mountain (MST))
|• Summer (DST)
|GNIS feature ID
Draper is a city in Salt Lake and Utah counties in the U.S. state of Utah, about 20 miles (32 km) south of Salt Lake City along the Wasatch Front. As of the 2020 census, the population is 51,017, up from 7,143 in 1990.
The Utah State Prison is in Draper, near Point of the Mountain, alongside Interstate 15. Gary Gilmore‘s execution occurred on 17 January 1977. The Utah Legislature voted to relocate the state prison to Draper in 2014 and in 2015 approved the Salt Lake City location the prison relocation commission recommended. The Draper Prison will close in 2022. Inmates will be moved to a new prison facility in Salt Lake City; the new prison is slated for completion in mid-2022.
Draper has two UTA TRAX stations (Draper Town Center, 12300/12400 South and Kimball’s Lane 11800 South) as well as one on the border with Sandy (Crescent View 11400 South). A FrontRunner commuter rail station serves the city’s west side. The city has around 5 FLEX bus routes connecting neighboring communities and two bus routes to Lehi Frontrunner Station and River/Herriman, connecting at Draper Town Center and the Draper Frontrunner Stations.
— Ruby Norta Gumapac (@NortaRuby) October 30, 2022