North Dakota Common Law Marriage

What is Common Law Marriage in North Dakota?

Common-law marriage in North Dakota is a union where two individuals who live together present themselves as married to the public without going through a formal marriage ceremony or obtaining a marriage license from the state. Common-law marriage provides an alternative for couples who would want to bypass the formalities of a marriage ceremony. Couples interested in common-law marriage may do so in select states where such union is recognized. Nine states and the District of Columbia recognize common-law marriages in the United States. The nine states include Montana, Kansas, Utah, Texas, South Carolina, Iowa, Rhode Island, and Colorado.

The requirements for common-law marriage vary from one state to another. Some states may require couples to live together for a specific number of years before they are recognized as common-law married. Other states may not have such a requirement. Common-law marriages may share some similarities with a formal marriage union. Couples who are common-law married may also be entitled to certain rights and obligations some of which include:

Right to inherit the estate of a deceased spouse
Right to divorce proceedings
Right to child custody in the event of a divorce
Right to healthcare and insurance benefits
Right to visit a spouse in prison
Right to visit a spouse in the hospital
Right to spousal support in the event of separation.

Notwithstanding the benefits that couples may derive from common-law marriage, couples may encounter certain limitations. These limitations include:

Difficulties in proving the existence of the marriage. This is especially the case where there is no document to support such claims or one of the partners is diseased.
Property division challenges in the event of the death of one of the parties or divorce.

Does North Dakota Recognize Common Law Marriage?

North Dakota does not recognize common-law marriages contracted within its jurisdiction. However, common-law marriages entered in other jurisdictions where the union is supported by law are recognized by the state. To be considered valid, a common-law marriage is required to adhere to the Full Faith and Credit Clause. North Dakota also recognizes domestic partnerships registered in other states and cohabitation agreements reached by couples.

What is a Domestic Partnership in North Dakota?

A domestic partnership is a legal relationship that affords couples living together with the opportunity to gain legal recognition without being formally married. North Dakota does not recognize domestic partnerships established within the state but only those contracted in other jurisdictions. Therefore, domestic partners who established such unions within the state are not entitled to rights that formally married couples enjoy.

What is a Cohabitation Agreement in North Dakota?

In North Dakota, a cohabitation agreement is a contract entered into by couples living together, that is enforceable by the courts. This contract spells out the rights, duties, and obligations of each party and the modalities for sharing properties jointly owned by the couples in the event of death or separation. A cohabitation agreement comes in handy whenever there is a need to prove the existence of the union.

North Dakota Common-law Marriage and Palimony

North Dakota does not recognize common-law marriages established within its jurisdiction. However, the state recognizes common-law marriages established in other states where such union is legal. Couples who are common-law married may lay claims to a palimony award if an agreement was reached at the inception of the union. The court may require a written agreement duly signed by the parties. Where such an agreement is not available, spousal support may be awarded.

What Are the Requirements for a Common Law Marriage in North Dakota?

Common-law marriages established in North Dakota are not recognized by the state. However, common-law marriages established in other states where the union is backed up by the law are recognized. Some of the requirements for common-law marriages in most states include:

The parties should not be underaged.
The parties must not be in any other marriage union with another either in the state or in another jurisdiction.
The parties must not be closely related by blood.

North Dakota does not recognize domestic partnership as a civil union. Domestic partners within the state are not entitled to any legal rights unless the parties signed a contractual agreement.

How many years do you have to Live Together for Common-law Marriage in North Dakota?

Common-law marriages established within North Dakota do not have recognition by the state. What determines the time frame the couples should live together for a common-law marriage to be valid is the laws of the state where the union is established.

What is an Informal Marriage in North Dakota?

According to the Texas Code section 2.401 -2.405, an informal marriage is the Texas version of common-law marriage. Informal marriage in Texas, therefore, refers to common-law marriages which are established within the jurisdiction of the state. North Dakota has no recognition for informal marriages established within the states. However, informal marriages established within the jurisdiction of the state of Texas are recognized by North Dakota.

What Does it Mean to be Legally Free to Marry in North Dakota?

A person is considered "legally free to marry" in North Dakota if they satisfy the requirements spelled out by the state to be legally married. Some of the requirements an individual may have to satisfy before being legally free to marry include:

Both parties must not be below 18 years of age. Where either of the parties is 16 or 17 years old, the state requires written consent from a legal guardian.
Interested persons must not be closely related by blood. Cousins are not legally permitted to marry in North Dakota.
The parties must not be in any other marital union with another person within or outside North Dakota.
Interested persons must be capable of giving consent to the union.
Interested parties must have a form of identification as well as social security number.

What is Intent to Marry in North Dakota?

In North Dakota, intent to marry is a verbal or written notification to the state and members of the public describing a couple's intent to be married to each other. The state requires intending couples to file an intent to marry form before issuing a marriage where either of the couples is not a North Dakota resident.

How Do You Prove Common-law Marriage in North Dakota?

The state of North Dakota does not consider valid common-law marriages that are established within its jurisdiction. Couples who are common-law married in states where the union is legally valid are required to prove the existence of the marriage by providing some documents. The documents required differ from state to state. However, the following documents are generally applicable to all the states:

Documents showing joint ownership of a bank account.
Joint tenancy agreements as well as mortgage filings.
Joint ownership of assets such as houses, lands, cars, and ships.
A birth certificate naming both parties as parents where the union produced children.
Documents listing either of the partners as beneficiaries to each other's will, retirement benefits, as well as insurance policies.
Any form of the contractual agreement between the partners stating the rights and obligations of the parties.
Documents showing both parties reside in the house such as driver's license and other forms of identification.
Documents of liabilities to be jointly paid by both parties (credit card debts, car loans, and others).
Joint mortgage filings, joint property tax identification, or joint tenancy agreements.
Joint liabilities such as car loans, credit cards, joint mortgage.

Third-party websites provide an alternative to obtaining public vital records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:

The full name of both spouses ((include first, middle, and last names)
The date the marriage occurred (month, date and year)
The location where the marriage occurred (city and county)

How Do You Prove Common-Law Marriage in North Dakota After Death?

To prove the existence of out-of-state common-law marriage in North Dakota, parties may be required to provide domestic partnership agreements or cohabitation agreements duly signed by the couple. Couples may also be required to prove beyond every reasonable doubt that the common-law marriage was conducted in full compliance with outlined guidelines set up by the state where it was established.

Additional documents may be required when it becomes necessary to prove the existence of a common-law marriage where one of the parties is deceased. The surviving party may be required to submit written testimonials by two of the survivor's relatives as well as those of the deceased party. Other proofs such as documents of jointly owned properties may also be required.

Do Common-Law Marriages Require a Divorce?

North Dakota does not have a legal procedure for the annulment of a common-law marriage established within its boundaries as the union does not have legal recognition. However, couples who are common-law married may file for the annulment of the union in the jurisdiction where it was established.

Does a Common-Law Wife Have Rights in North Dakota?

Couples who are common law married within the borders of North Dakota are not entitled to any rights. However, common-law marriages instituted in States where the union is backed up by legislation accords the couples the same right and privileges that their counterparts in formal marriages enjoy. Once a common-law marriage is recognized by the state, every right that accrues to a wife that is formally married becomes applicable to a common-law wife.

Can a Common-Law Wife Collect Social Security in North Dakota?

North Dakota accords the same rights and privileges that are available to couples in a formal marriage to common-law married people whose marriages have gained state recognition. This makes it possible for a common-law wife to collect social security.

One of such rights is the right to collect social security. Common-law couples recognized in North Dakota may enjoy all rights available to formally married couples, including the right to collect social security. The United States Social Security Administration stipulates that based on the records of the partners, couples who are sixty-two years and above may qualify for social security benefits notwithstanding their current marital status.

Are Common-Law Wives Entitled to Half in North Dakota?

North Dakota advocates for equitable distribution of properties jointly owned by couples in a common-law marriage once the validity of the marriage is proven recognized by the state. Where a written agreement is available, the state follows to the letter what the couples agreed on.

How Do You Get A Common-Law Marriage Affidavit in North Dakota?

The state of North Dakota does not issue marriage affidavits to common-law couples since common-law marriages established in the state have no legal recognition. Couples in need of a common-law marriage affidavit are required to file a request with the appropriate authorities in the state where the union was originally established.

When Did Common-Law Marriage End in North Dakota?

Common-law marriages in North Dakota had legal recognition until 1890 when the union was abolished. Before 1890, cohabitants who had lived together for some time and had held themselves out to be married within the community were recognized by the state. Common-law couples were also required to go through divorce proceedings in annulling the union.

What is Considered Common-law Marriage in North Dakota?

Common-law marriages contracted in North Dakota do not have state recognition. The state, however, makes provision for common-law marriages established outside its jurisdiction where it is supported by the law. Couples in recognized common-law marriages are given the same treatment as their counterparts in a formal marriage.

Is a Domestic Partnership the Same as a Common-Law marriage?

Domestic partnership and common-law marriage are not the same in North Dakota. The state does not recognize common-law marriages and domestic partnerships established within its borders. However, both unions are recognized by the state if they are established in other states where the arrangement is legally binding. The major difference between recognized common-law marriage and domestic partnership is that while couples in the formal are entitled to all the rights those in a formal marriage enjoy, couples in the latter are not.

Does the Federal Government Recognize North Dakota Common-Law Marriages?

The Federal Government does not recognize common-law marriages contracted within the borders of North Dakota. The Federal Government only recognizes common-law marriages that are contracted in states where the union has legal recognition. As of June 2021, only common-law marriages established in Colorado, Rhode Island, Texas, Montana, Kansas, South Carolina, New Hampshire, and Iowa are recognized by the Federal Government.