Proving Common Law Marriage In The State Of Idaho

Proving Common Law Marriage In The State Of Idaho

In some states, common law marriage is recognized by the state if a couple is living together for seven years and sharing expenses. In the state of Idaho, they do not recognize common law marriages, unless you prove it. Most of the time this issue comes up when the relationship ends.

What Exactly Is Common Law Marriage?

The definition of common law marriage is, “one where the couple lives together for a period of time and holds themselves out to friends, family and the community as being married without ever going through a formal ceremony…” Depending on each state, a common law marriage can go into effect as soon as 7 years. Idaho does not have an automatic common law reunion that is recognized. However, it does appear you can prove it without having to go through the paperwork.

Common Law Marriage In Idaho

Idaho does not recognize common law marriages. That being said, if you go to the state, you can prove common law marriage if you fit the very specific criteria. Though, at that point, I don’t know why you wouldn’t just go get the paperwork done. It isn’t easy to prove common law marriage.

How to Prove Common Law Marriage In Idaho

In order to prove common law marriage in Idaho, both people must be over the age of 18, there must be consent between the two – oral, written, or implied, both assume marriage rights and obligations to each other, and parties must have consented to be husband and wife and assume marital right while living in Idaho. However, to file for benefits without any form of documentation or license, they must have lived together, shared expenses, raised children under the same roof together, and share finances. That is just to ensure you have all the rights and protection of being married without any official documentation.

Again, I am not really sure if you have to go through all of that why you wouldn’t just get the documentation, because you will still have to go through all the same headaches if you split. So the state does not recognize common law marriage, but it will take it into consideration if something is needed legally.

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