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In the United States, common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact is a form of irregular marriage that survives only in seven U.S. states and the District of Columbia along with some provisions of military law; plus two other states that recognize domestic common law marriage after the fact for limited purposes.
Benefits include visitation rights in hospitals and correctional facilities equal to those given to a spouse. A domestic partner, who is also the parent or legal guardian of a child, may file a form at or send a letter to the child's school to indicate that the parent's domestic partner shall have access to the child's records.
However, common-law marriage can still be contracted in Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Utah, Oklahoma and the District of Columbia. [49] [50] [51] Once they meet the requirements of common-law marriage, couples in those true common-law marriages are considered legally married for all purposes and in all circumstances.
The SSA recognizes a valid common law marriage in the same way as a traditional marriage. You just need to ensure that your common law marriage is established according to the laws of your state.
A person's specified civil status might also be married if they are in a civil union or common-law marriage. The civil status of a person who is legally separated is married. Whether a cohabiting couple (such as in a domestic partnership) have a civil status of "married" depends on the circumstances and the jurisdiction.
The countervailing majority view in most U.S. states, as well as federal law, is that marriage is a sacred compact in which a man assumes a "deeply rooted" moral obligation to support his wife and child, whereas community property essentially reduces marriage to an "amoral business relationship".
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