Some couples cannot wait to get married and start sharing their lives together as an official union. Other couples, however, do not feel the same way. While these couples may love each other and want to live together, they have no desire to get married. These unions are known as common law marriages and in many states, common law couples have all of the same rights and obligations as married couples. In Michigan, this is not the case, although the state does allow some common law couples certain rights.
All 50 states recognize the legal union of marriage, allowing married couples to intertwine their rights and responsibilities. Some states also recognize common law marriages if they meet certain requirements. These typically include:
Some states that recognize common law marriage may not have all of these requirements, while others may have even more requirements than these.
Although Michigan does not recognize common law marriages, individuals that entered into a common law marriage in another state will be treated as a married couple in Michigan. The states that currently recognize common law marriage include:
Washington, D.C. also recognizes common law marriages. Although Michigan will recognize common law couples from these states, they must still meet some requirements. These include:
When common law couples meet these requirements, Michigan will treat them as a married couple and afford them all the same rights and responsibilities. However, there are still some steps the couple must take. These include:
When couples can meet all of these requirements, Michigan will recognize the common law union.
Although Michigan does not recognize common law marriages, there is a way unmarried couples can protect their rights. This is through a cohabitation agreement, which is very similar to a premarital agreement in the state. A cohabitation agreement can outline what each person will receive in property division in the event that the couple breaks up.
Cohabitation agreements cannot outline provisions for child custody and child support. However, in Michigan, the non-custodial parent is typically responsible for paying the custodial parent child support, even when there is no cohabitation agreement in place.
If you are in a relationship and do not wish to get married, but still want to uphold your rights, it is important that you speak to a Clinton Township family law attorney today who can help you draft an agreement and protect your rights. At Iafrate & Salassa, we will ensure that your rights are protected regardless of your domestic situation. Call us today or contact us online to arrange a free consultation with one of our attorneys.
Divorce is difficult for the couple going through it, but it can be even harder for the children involved. Children do not have some of the advantages the adults going…
I am extremely grateful to Jeff for his outstanding legal representation in both my divorce case and ongoing custody matters for my minor child. His knowledge, dedication, and ongoing support have been invaluable throughout the entire process. Jeff’s seamlessly guided...
Jeff made me feel very comfortable in what was a very difficult time. He knew exactly what to do and put my mind at ease many times about issues that would come up. He took time no matter where he...
Jeff has represented me twice and both times far exceeded my expectations. I never once felt Jeff and his team didn't do everything possible to provide the very best outcome for me. I would recommend Jeff to anyone looking for...
I have gone through about 4 lawyers and then hired Jeff. I have had him in my corner now for roughly 5 years and I'm keeping him there until my daughter graduates high school. He is extremely knowledgeable and knows...
Felice, Terri and Amanda! I couldn't have gotten through this without you guys. I picked you, because I knew you were smart. That's just a fact. Thank you forever.
Call today or fill out the form below.