Vermont Common Law Marriage

What Is Common Law Marriage in Vermont?

Common-law marriage is an informal union between two individuals who live together and address each other as married to family members, friends, and the entire public without obtaining a marriage license or performing the formalities of traditional marriage. The state of Vermont, like most states in the United States, does not permit common-law marriages in its jurisdiction. Nevertheless, the state recognizes all common-law marriages that originate from other states that permit such unions. Examples of states that allow common-law marriages in their jurisdiction include the District of Columbia, Rhode Island, Iowa, Utah, Texas, Kansas, South Carolina, Montana, and Colorado.

Common-law marriages provide an alternative for couples who cannot afford the cost of marriage ceremonies or want to avoid the formalities of a traditional wedding. Some people also consider common-law marriages due to religious differences and beliefs. Depending on the state, common-law couples may be required to live together for a certain period. Often than not, a general requirement for a common-law marriage is that both partners are of legal age to marry and eligible to enter a contract. Similar to traditional marriages, couples in a common-law marriage are entitled to marital rights. Examples of such marital rights include:

Child custody right in the event of a divorce
Inheritance right to a partner’s property in the event of death.
Divorce right to legally dissolve the union
Property division rights
Healthcare benefits
Visitation rights to check a partner in prison or jail.
Spousal support right in the event of a divorce
Visitation right to check a partner at the hospital.

Aside from the benefits, common-law marriages also have some disadvantages. Some of which include:

Difficulty in determining which partner should have child custody rights
Difficulty deciding who gets what in terms of property division during a divorce.
Difficulty laying claims to a dead partner's property, especially when there is no document to validate the union.
The burden of child support is often on one partner.

Does Vermont Recognize Common Law Marriage?

No, the state of Vermont does not recognize common-law marriages that originate within its jurisdiction. The state is one of many states in the United States that do not permit such union. Interested individuals who wish to get married may apply for a marriage license.

However, common-law marriages that originate from states where such unions are legal are recognized in Vermont in compliance with the Full Faith and Credit Clause. The full faith and credit clause allows states like Vermont to acknowledge the laws of other states in the United States. Therefore, the state of Vermont recognizes common-law marriages from states that allow it. That is, individuals in a common-law marriage may retain their marital rights despite moving to Vermont, as long as they have met the requirements of the originating state.

What Are the Requirements for a Common Law Marriage in Vermont?

The state of Vermont does not allow common-law marriages in the state. Interested persons who wish to marry are required to obtain a marriage license. Nevertheless, the state recognizes all common-law marriages that originated from other states where such union is valid. Although the laws governing common-law marriages are different, there are some general requirements. Some of the requirements include:

The partners must be of legal age to marry in Vermont i.e 18 years or above.
Partners who are 16 years must seek the consent of their parents or guardians.
The partners must not be in a relationship with other people.
The partners must be eligible to enter a contract.
The partners must not be related by blood.
The partners must address themselves as couples in front of others.

How Many Years Do You Have to Live Together for Common Law Marriage in Vermont?

Interested persons cannot form a common-law marriage in Vermont irrespective of how long they have lived together. The state is one of many states in the United States that do not allow common-law marriages within their jurisdiction. Interested persons who want to marry in Vermont must obtain a marriage license and perform all necessary marriage formalities.

What Does It Mean to Be Legally Free to Marry in Vermont?

The term “legally free to marry” refers to individuals who meet the set requirements for marriage by the state of Vermont. According to the state laws, the intending couples must be of legal age of marriage. For instance, the legal age of marriage in Vermont is 18 years or above. Individuals who are 16 years old can only marry with the consent of their parents or guardians. Individuals who are divorced can only remarry after their previous marriage has been legally dissolved. In the event of death, a partner can remarry at any time.

What is Intent to Marry in Vermont?

Intent to marry is when intending couples show their intention to get married. In Vermont, individuals who wish to marry are required to file a declaration of intention form when applying for a marriage license. Also, intending couples at the federal level are required to file a declaration of intent form. This is often the case for couples where one partner is not a citizen of the United States.

What Is an Informal Marriage in Vermont?

An informal marriage in Vermont is the same thing as a common-law marriage. The term is quite popular in Texas where both formal and informal marriages are allowed. The state of Vermont does not permit informal marriage within its jurisdiction, however, it recognizes such marriages that originate from other states. For instance, couples in a common-law marriage in Iowa can move to Vermont and still have a valid union.

How Do You Prove Common Law Marriage in Vermont?

In Vermont, common-law couples can prove the existence of their union by providing support documents. This is usually a written and signed document by the partners e.g a notarized affidavit. Couples in a common-law marriage can also prove the existence of the union through the following:

Show proof that both partners live in the same residence.
Provide evidence of an email address to them.
Provide testimonies from family members, neighbors, colleagues, or other persons who know the couples and are aware of the relationship.
Provide evidence that the couples have a joint lease or rental agreement.
A document that shows the adoption of a partner’s name.
An employment document listing a partner as an immediate family member.
A school document showing the couples are parents to a pupil.
A birth certificate listing the couples as parents to a child.
An insurance document listing a partner as beneficiary.
A loan document or mortgaged financed by the partners.

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 Vermont After Death?

In Vermont, a widowed partner can prove a common-law marriage exists by providing a notarized document such as a marriage affidavit. In the event where the widowed partner cannot provide such documents, testimonies from the deceased relatives can serve as alternatives. Note that, the state of Vermont does not allow such union, therefore it only oversees claims that originate from a state that allows such. Therefore, a widowed partner must have met the requirements from the originating state.

Third-party websites may provide a convenient solution to obtaining marriage-related public 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)

Do Common Law Marriages Require a Divorce?

Yes, common-law marriages in the state of Vermont require a divorce. Couples in a common-law marriage must seek divorce to legally dissolve their union. However, such a union must originate from states that permit it. The state of Vermont will oversee the divorce process in accordance with its laws. Individuals who are not married but live together in Vermont do not need a divorce because such union is not permitted in the state.

Often than not, common-law couples may require an attorney to assist with the divorce process. The divorce process is generally smooth if the partners involved have signed a prenuptial agreement. The agreement usually determines how properties acquired during the relationship are to be shared. Common-law couples may be entitled to property divisions, spousal support, or child custody depending on the agreement.

Does a Common Law Wife Have Rights in Vermont?

Yes, a common-law wife in Vermont has similar rights as those in a formal marriage as long as the marriage originated from a state where such union is allowed. The state of Vermont preserves the rights of common-law couples from other states, in compliance with the full faith and credit clause. Examples of rights a common-law wife may be entitled to include spousal support, property divisions, and more. Note that unmarried persons living together in Vermont do not have any rights as the state does not recognize the union.

Can a Common Law Wife Collect Social Security in Vermont?

Yes, a common-law wife can collect social security in Vermont as long as the union originates from a state where such union is allowed. Interested partners who meet the Social Security Administration requirements are to obtain and submit a completed statement of marital relationship form and statement of blood relationship form. Some of the information required from couples in the forms include:

Name of the partners
The city or town and state where the union occurred
The date (month and year) when the partners started living as husband and wife
How long the partners have been living together as husband and wife
The location (or locations) where both partners have lived together as husband and wife
Whether or not the union has any children
Whether or not the partners own a joint business
List of former names, if any of the partners changed names in the past
A list of friends, colleagues, employers, or family members who are aware of the relationship

Are Common Law Wives Entitled To Half in Vermont?

Common-law wives are not entitled to half of their spouse’s property in Vermont. Common-law couples may be entitled to a partner’s property depending on the agreements made from the beginning of the union. This is usually a signed agreement to determine how properties will be shared. Also, a common-law couple is only entitled to property division of the union originated from a state where it’s legal. The divorce proceedings and property division is determined by Vermont laws. Usually, property division only applies to properties acquired during the union.

How Do You Get a Common-Law Marriage Affidavit in Vermont?

Interested couples cannot obtain a common-law marriage affidavit in Vermont because such unions are not permitted within the state. The marriage affidavit is a notarized document that proves the existence of a common-law relationship between partners. However, common-law couples can obtain a marriage affidavit in other states that allow such unions. Examples of the statements an affidavit should contain include:

The state where both partners decided to form the union
The date (month and year) when both partners decided to form the union
The age of both partners as at the time of which the union is formed
Record of any prior unions ( both formal or informal marriage). If any, the involved partner is required to provide details of the union: name of spouse, date of union, termination date, and more.

What Is Considered Common Law Marriage in Vermont?

The state of Vermont does not allow common-law marriages in the state. Although, individuals of the same sex are allowed to enter into a civil union as stated in Vermont Statutes: Title 15, Chapter 23. Same-sex couples are entitled to similar rights accorded to those in a traditional marriage. Individuals of the opposite sex cannot enter into a civil union in Vermont. Such persons are to go through the formalities of a traditional wedding and obtain a marriage license.

Nevertheless, the state of Vermont recognizes the common-law marriages that originate from states where such unions are legal. Therefore, such common-law couples retain their marital rights.

Does the Federal Government Recognize Vermont Common Law Marriages?

The federal government does not recognize common-law marriages that originate from Vermont. The state is currently one of many states in the United States that prohibits such union within its jurisdiction. The federal government only recognizes common-law marriages in states where such union is legal. Examples of such states include the District of Columbia, Iowa, Rhode Island, Kansas, South Carolina, Montana, Texas, Utah, and Colorado. Also, similar to formal marriages, common-law marriages that originate from states where such unions are valid may be entitled to federal tax benefits as long as immigration benefits.