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  • Writer's pictureSummers Family Law

Tie the Knot or You're Not: No Common Law Marriage in Massachusetts

Are you one of the many couples living together in Massachusetts, sharing your lives, and believing you're in a common law marriage? Well, it's time to set the record straight. Massachusetts does not recognize common law marriages, no matter how long you've been together or how married you feel.


The Myth of Common Law Marriage in Massachusetts


Common law marriage is a concept that varies from state to state in the United States. While some states validate marriages formed through cohabitation and mutual intent, Massachusetts stands firm in its refusal to do so. In the eyes of Massachusetts law, you're not married until you officially tie the knot through a formal marriage ceremony.


How to Attain Common Law Marriage Recognition in Massachusetts


So, what if you're committed to your partner but don't want to go through the traditional marriage route? If you're in Massachusetts, you may need to take a unique detour. The only way to obtain a common law marriage recognized in Massachusetts is to first establish one in a state that permits it. Yes, you heard it right – you'll have to pack your bags and leave the Bay State temporarily.


The Out-of-State Solution


Heading to a state that recognizes common law marriage is your first step. Once you meet the requirements and establish your common law marriage there, you'll need to return to Massachusetts. It's only then that the state will acknowledge your marital status.


This unusual procedure may seem cumbersome, but for couples determined to secure their rights without a formal ceremony, it's a viable option. Just remember that the rules and regulations governing common law marriages differ significantly from one state to another, so thorough research and legal guidance are essential.


The Bottom Line


Common law marriage in Massachusetts might be a myth, but it's not an insurmountable challenge for those who truly want it. While the process may involve a few extra steps and some interstate travel, it's important to know your options when it comes to protecting your rights and commitments as a couple.


Disclaimer: The content provided in this blog is for informational and educational purposes only. It should not be construed as legal advice and readers should not act upon any information provided without seeking professional legal counsel. The author does not guarantee the completeness or accuracy of the information provided. This blog is not intended to create an attorney-client relationship between the author and the reader.

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