Common Law Marriage Attorney in Lehi, Utah
HOYER LAW FIRM
51 E. Main St.
Lehi, UT 84043
(801) 901-0797
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Common-law marriage is defined not by a religious or legal ceremony but by two people living together for a certain period. This makes them considered a legally married couple.
An officially and legally recognized marriage comes with many benefits that include:
But there are cases where individuals live together as a couple and have not officially recognized their relationship as a marriage. A common-law marriage helps prove to the court that the spouses are eligible for the same benefits that married couples enjoy because they have treated their union as an actual marriage.
Utah does not recognize common-law marriage, but it does have an alternative. The legal team at the firm of Hoyer Law has handled multiple cases of this nature. Those from Provo, Salt Lake City, and the surrounding areas within Utah can easily benefit from their services.
If a couple wants to be recognized, they need to head over to their local court to file a written, formal request called a “petition to recognize a relationship as a marriage.” They (or one of them) should file this request either while the relationship is still ongoing or within one year after the relationship has ended if the reason is to obtain spousal support or inheritance.
Once the judge validates this request, the marriage is officially declared. This declaration will apply to the date their relationship began (unlike traditional marriage, where the date and time of the ceremony determine when the wedding started).
A judge can consider a relationship to be a marriage if it fits specific legal requirements. The person who has filed the petition must present reasonable and documented evidence and/or witnesses to prove their claim.
The filing partner will need to present proof of several items to their lawyer when applying for common-law marriage.
The filing partner must prove that both were of legal age when their relationship started. They can show consent using documents like:
Other than age and consent, the filing partner must show evidence of legal competence to solemnize the marriage. There are certain restrictions, like incest, that can render a marriage lawfully impossible.
The filing partner can further support the claim that they have acted as a married couple if they have lived together. The filing partner can also strengthen the claim if reliable witnesses can attest that the couple presented themselves as married partners to the public.
Through Utah’s version of a common-law marriage, a couple — or the filing partner in case the other partner dies — can enjoy the benefits of having the relationship recognized legally.
It is best to consult with a lawyer who specializes in family law to determine your best courses of action and to ensure that you get the most favorable results from the court.
