Common-law marriage in Indiana is the union of two individuals who live together and relate as a married couple without obtaining a marriage license. Before Indiana abolished common-law marriages in 1958, partners could receive official recognition of their union without going through a formal marriage ceremony. Common-law married partners have rights and benefits in states where this type of union is recognized. These benefits allow common-law partners the same rights and responsibilities accessible to couples with official marriage licenses, some of which include:
A common-law marriage provides a legal alternative to traditional marriage. However, there are some downsides to this arrangement, including:
In 2019, Indiana had a marriage rate of 6.2 marriages per 1,000 residents. A survey conducted in the same year showed that 50% of males at least 15 years of age were married in 2019, compared to 48% of females. The same survey also revealed that 14% of females were divorced, versus 12% of males.
From January 1, 1958, according to section 31-11-8-5 of the Indiana Code, common-law marriages are void in the state of Indiana. Nevertheless, the state recognizes all common-law marriages established in jurisdictions where this type of union is valid, in compliance with the US constitution’s Full Faith and Credit Clause. Outside the formal marriage union, the United States of Indiana allows unmarried parties to enter into cohabitation agreements. However, in the event of separation, couples in cohabitation arrangements are not entitled to divorce proceedings.
Indiana does not recognize domestic partnerships conducted within its borders. However, the state validates relationships entered into in states with legal backing. Domestic partnerships entitle couples to visitation rights, spousal rights, and in the event of separation, equitable distribution and joint ownership of properties.
In Indiana, a cohabitation agreement is a legal agreement outlining the rights and responsibilities of unmarried partners (homosexual or heterosexual) who live together. This agreement includes entitlements and also specifies methods of dividing assets and liabilities in the event of a separation. Couples in romantic relationships may establish cohabitation agreements if they are not ready to marry but have joint endeavors, such as bank accounts and properties.
The state of Indiana does not recognize common-law marriages conducted within its borders. However, the state adopts a palimony system that allows partners to receive varying levels of financial support from their spouses. Cohabitants who sign a written agreement may receive or pay palimony depending on the details of the agreement. In other cases, a court may grant palimony based on other factors specific to the common-law union.
Indiana law does not provide requirements for establishing a common-law marriage. The state only recognizes unions created in other states that recognize this type of union. Indiana also allows interested persons to create cohabitation agreements if both parties are unwilling to get married. Requirements for a common-law marriage in Indiana may depend on the law in the state of creation. Usually, common-law marriages require the following conditions:
Out-of-state couples may apply for domestic partnerships by submitting duly signed domestic partnership forms to the office of the Indiana Secretary of State. Couples may also submit the forms in persons at:
Indiana Secretary of State,
Corporations Division
201 Statehouse
Indianapolis, IN 46204.
Indiana does not recognize the validity of common-law marriages conducted within its borders, regardless of the length of time the couple has lived together. However, the state's family law recognizes cohabitation and may give certain marital rights to couples who sign a cohabitation agreement.
In Indiana, a person who is legally free to marry has fulfilled the requirements outlined by the state. Some of the requirements are as follows:
An intent to marry in Indiana is a form filled and signed by intending couples showing their commitment to getting married. However, intending couples are not required to write a letter as verbal affirmation is also considered valid. Parties should note that an intent to marry may be required for residency applications at the federal level if one partner is not an American citizen.
Common-law marriages conducted in Texas are known as informal marriages. Indiana does not recognize informal marriages that are established in the state. However, the state allows valid marriages established in other states where laws support such unions. Therefore, a common-law marriage created in Texas is also valid in Indiana. However, this union is referred to as an informal marriage in Texas.
To prove a common-law marriage in the state of Indiana, partners may need to sign an agreement showing that they willingly want to establish the union. If one party denies the union, the refuting partner may be required to provide an affidavit to the effect. Other ways a couple can prove the existence of a common-law marriage include:
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:
Following one partner’s death, the surviving spouse can prove the existence of a common-law marriage by providing supporting documents. Where available, the spouse may submit written testimonials by two blood relations of the deceased to confirm the claims.
Partners in a common-law marriage require a divorce to end the relationship. The party requesting the divorce must file a divorce petition as required of traditional marriage. Though couples may handle the divorce without an attorney, hiring one may help guide the process especially considering the peculiarities of common-law marriage. The filing party must prove that the marriage existed, using details that may affect the court’s ruling on child custody, property division, and spousal support. Completing the divorce process may be easier for common-law married parties who established a cohabitation agreement.
The state of Indiana protects the rights of common-law wives who established their marriages in jurisdictions with legal backing. Both parties may claim the same rights as persons in formal marriages.
Indiana common-law wives can collect social security if the marriages were created in states that recognize common-law marriages. Social security may also be given to couples who entered into common-law marriages before it was abolished in the state of Indiana. However, meeting the validity requirement may not be enough to collect social security benefits. The requestor may need to support claims by providing a completed statement of marital relationship form and a statement from a relation attesting to the credibility of common-law marriage. Some of the details required of applicants include the following:
Although they can access the same marital rights as wives in formal marriages, Indiana common-law wives are not immediately entitled to half. Instead, Indiana’s community property laws require the equitable division of jointly-owned income or properties in the event of a divorce. Sometimes, the equitable division requires a 50-50 split.
Indiana courts consider certain factors before deciding if properties should be split in half. Some of these factors include economic stability and other contributions to the union. The community property law only applies to joint properties owned by both partners while they were married. Properties owned separately or received by inheritance may not be divided.
Common-law marriage affidavits are only issued by states that recognize and support this type of relationship. The state of Indiana does not recognize common-law marriages and therefore does not issue common-law affidavits. In states with applicable laws, requirements for obtaining common-law marriage affidavits may differ. However, affidavits generally contain the following information:
Common-law marriages were abolished in the state of Indiana in 1958. Section 31-11-8-5 of the Indiana code voids any common-law marriage conducted in the state after January 1, 1958. However, the state recognizes common-law marriages conducted before 1958 and those conducted in other states with applicable laws.
Indiana law does not provide considerations for common-law marriages created within the state. Apart from out-of-state unions, Indiana only recognizes unions between two adults with rights, duties, and obligations as stipulated by the state’s marriage law. A valid marriage is one where the couple obtained a marriage license at the circuit court in the county where either party resides.
Common-law marriages recognized by the federal government are those from states where laws support this type of union. Since Indiana no longer recognizes common-law marriages, the federal government only validates Indiana common-law marriages entered before January 1, 1958. Nine U.S states and the District of Columbia recognize common-law marriages as of June 1, 2021. The states include:
Some states recognize common-law marriages if entered into before specific dates. Other common-law marriages entered beyond those dates are not recognized by the law. States with partial recognition include:
The federal government also considers federal income tax and immigration applications valid if filed from states that recognize the union.