RHODEISLAND.STATERECORDS.ORG IS A PRIVATELY OWNED WEBSITE THAT IS NOT OWNED OR OPERATED BY ANY STATE GOVERNMENT AGENCY.
close banner
Rhode Island State Records
state records colored logo
LOGIN
CONTACT

Rhode Island Common Law Marriage

What is Common-law Marriage in Rhode Island?

A common-law marriage occurs when two people are said to be married even though they do not secure a marriage license, sign a contract or attend a religious/civil ceremony. Despite this, individuals in a common-law marriage are considered legally married and enjoy all the perks of traditional marriage. Couples can enter into a common-law marriage by satisfying the state requirement for this union. Multiple states in the U.S recognize this type of relationship, including Kansas, Iowa, New Hampshire, South Carolina, Texas, and Oklahoma.

Why Choose a Common-law Marriage

Choosing a common-law marriage over a traditional marriage offers several benefits. It provides an affordable option for couples who wish to avoid the associated expense of a traditional wedding ceremony. Couples who are common-law marriage also get to enjoy many of the legal and financial benefits of a formal marriage, some of which include

  • Visitation rights in jail or hospitals
  • Spousal support and property division in the event of a split
  • Entitlement to inheritance in the event of one party’s death
  • Ability to collect social security benefits.

Despite these advantages, common-law marriages have some downside, one of which is the burden of proof. Common-law marriages can be difficult to prove, especially without legal documents. Similarly claiming inheritance or filing for divorce support is a lot more complicated because one party has to prove that the marriage is legally enforceable.

Does Rhode Island Recognize Common-law Marriage?

The State of Rhode Island recognizes common-law unions created within its borders as well as the legitimacy of common-law marriages created in other states that support this type of union. However, contrary to popular opinion, simply living together isn’t enough to enter into a common-law marriage in Rhode Island. To establish a common-law marriage, both spouses will need to meet all the requirements set by state law.

What Are the Requirements for a Common-law Marriage in Rhode Island?

Couples who wish into a common-law marriage in Rhode Island must meet three main requirements:

  • Both parties must have lived together for an extended period. Couples who have lived together for a few months or couples in a new relationship do not meet this requirement
  • Both parties must have proof of serious intent to enter into a marriage.
  • Both spouses must hold themselves out as married to the community. They must behave as if married, such as co-signing leases or insurance policies.

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

Simply living together is not enough to establish a common-law marriage in Rhode Island. A couple may live together for 30 years and still not be considered to be married. Cohabitation is only one of the requirements for common-law marriage. In order to enter into a common-law marriage, intended spouses will need to meet other requirements such as showing serious intent and holding themselves out as married to the community. That said, courts are more likely to consider the claims of couples who have lived together for multiple years instead of a few months.

What Does it Mean to be Legally Free to Marry in Rhode Island?

Per Rhode Island marital laws, a couple is considered legally free to marry if they meet the following conditions:

  • Both parties must be at least 18 years old
  • Both parties must not be married or related to each other
  • Both parties must provide proof of their identification and birth details (typically using a government-issued I.D or birth certificate)

What is an Informal Marriage in Rhode Island?

An informal marriage is a term used for common-law marriage in Texas. It refers to a contract or union between two persons living together without registration at the state’s marriage registry or a civil/religious ceremony.

How Do You Prove Common-law Marriage in Rhode Island?

One way of proving the existence of a common-law marriage is to provide a signed affidavit of marriage to this effect. Couples may also have signed declarations. Absent any of these, proving a common-law marriage in Rhode Island may become more complex. Most attorneys advise that spouses provide other documents obtained in the course of the union that show the common-law marriage did exist. Examples of such documents include:

  • Documents showing the couple shared a last name
  • Documents showing that the couple operated a joint bank account
  • Documents showing that the couple lived at the same address
  • Documents showing the couple were cosignatories to a property purchase

While there is no comprehensive list of documents that prove the existence of a common-law marriage, all similar documents that establish a union between both parties may be presented.

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 Rhode Island After Death?

In the event of one partner’s death, the surviving partner may be able to prove the existence of the union by providing a notarized statement, sworn affidavit, or a signed declaration. Widowed partners may also provide documents that support claims of a shared life such as a co-signed lease or joint insurance policy. Where some or none of these documents are available, courts may consider testimonies from friends, relatives, or members of the community who can speak to the existence of the union.

Do Common-law Marriages Require a Divorce?

Common-law marriages in Rhode Island do not simply end via mutual consent. To terminate a common-law union, both parties will need to undergo the same divorce procedure as a traditional marriage. Common-law marriages in Rhode Island come with the same legal rights as traditional marriage, including claims of alimony, child support, and property division.

Does A Common-Law Wife Have Rights in Rhode Island?

Wives in a common-law marriage in Rhode Island have the same legal rights as formally married wives. Some of these include visitation rights, child custody, and spousal support, property rights, and claim to inheritance in the event of death or divorce.

Can a common-law Wife Collect Social Security in Rhode Island?

Couples who establish a common-law marriage in Rhode Island are entitled to collect social security. To do this, the wife must submit a completed Statement of Marital Relationship Form. Partners will also need to provide the following information to establish their relationship:

  • The place where the common-law marriage occurred.
  • The date both parties began cohabiting as a married couple.
  • Former and current names if the partners changed their names.
  • The locations the spouses have cohabitated (with duration for each)
  • The names of children born to the couple (if any)
  • A list of members in the community with knowledge of the marriage.

Are Common-law Wives Entitled To Half In Rhode Island?

Rhode Island is an equitable division state, which means that property is divided in a way that is deemed fair. This decision is made by the court. common-law wives may be entitled to less than half, half or more than half. During the division process, the court considers multiple factors in deciding the right split. Some of these include:

  • Each party’s income
  • The best interest of the children
  • The age and health of both parties
  • The services of either spouse as home maker
  • The length of the common-law marriage
  • The contribution of both parties to the acquisition and appreciation of property

Note: Some property may be excluded during a division. Rhode Island courts typically exclude non-marital property that was owned by a spouse before the marriage as well as gifts or inheritance given to a spouse. That said, if the value of a pre-owned property rises during the marriage, the increased value is considered marital property and can be split.

Does the Federal Government Recognize Rhode Island Common-law Marriages?

The federal government recognizes common-law marriages established in states that recognize them. As of 2021, more than nine U.S. States fully recognize common-law marriages. They include:

  • Colorado
  • District of Columbia
  • Iowa
  • Kansas
  • Montana
  • Rhode Island
  • South Carolina
  • Texas (known as "informal marriage")
  • Utah

Some states recognize common-law marriages that happened before they were banned. This includes common-law marriages in:

  • Georgia (before January 1, 1997)
  • Idaho (before January 1, 1996)
  • New Hampshire (inheritance purposes only)
  • Oklahoma (before November 1, 1998)
  • Ohio (before October 10, 1991)
  • Pennsylvania (before January 1, 2005)