Definition
Common-law marriage is generally a non-ceremonial relationship that requires:
- A positive mutual agreement, permanent and exclusive of all others, to enter into a marriage relationship,
- Cohabitation sufficient to warrant a fulfillment of necessary relationship of man and wife,
- An assumption of marital duties and obligations
- Reference: Black's Law Dictionary 277 (6th ed. 1990).
Requirements in Iowa
The affidavit affirms that you and your partner meet the requirements of common law marriage in the state of Iowa. To determine if a common law marriage exists, the court will look for:
- Intent or agreement between the couple,
- Continuous cohabitation
- Holding themselves out as man and wife
- Other factors
- Reference: Iowa Code § 595 (1999)
Rights and Recognition
- A common-law marriage can be recognized after any length of time.
- It grants couples the same rights as a formal marriage.
- It allows an individual to claim the property of their deceased "spouse."
Divorce
Once parties are married, regardless of the manner in which their marriage is contracted, they are married and can only be divorced by appropriate means in the place where the divorce is granted. This means, in all 50 states, only by a court order.