Does Common Law Marriage Exist in Massachusetts?

“Common-law marriage” is a term you might have heard before, and you might be wondering whether this term applies to your own relationship in Massachusetts. You may feel that for all intents and purposes, you and your partner are essentially married. You may share a child, live together, support each other financially, and so on. But does the state actually recognize common-law marriage as a legal concept? If not, then what other options do you have?

If you would like to explore this concept further, your best bet is to get in touch with a family law attorney in Massachusetts. Our legal professionals can help you understand your options if you are in a relationship with someone without being married. Fortunately, the state allows you to pursue a wide range of actions that could lead to a number of benefits.

Massachusetts Does Not Recognize Common-Law Marriages
Massachusetts does not legally recognize the concept of common-law marriage. This means that you cannot obtain a common-law marriage in the Bay State. The only way you can seek the same level of legal protection and rights is to leave Massachusetts, obtain a common-law marriage in a state that does recognize common-law marriages, and then return. Massachusetts will then recognize your common-law marriage if it was granted in another state. Alternatively, you could simply get married.

Domestic Partnerships
Although common-law marriages are not obtainable in Massachusetts, you can opt instead for a domestic partnership. This is a vaguely similar arrangement, and it comes with a number of benefits. Domestic partners can do the following:

● Visit each other in hospital as a family member would
● Seek family healthcare coverage
● Visit each other in correctional facilities in the same way as family members
● Access their children’s school records
● Remove their children from schools
● Seek bereavement leave
● Seek sick leave to care for an incapacitated partner
● Enjoy shared employment benefits

There are relatively few requirements for a domestic partnership. You must be at least 18 and unmarried, and you must share living expenses with your partner. It is essentially a private contract between two people.

Cohabitation Agreements
Another option is to seek a cohabitation agreement. This provides you with the opportunity to pursue property division rights if the relationship ends. This contract also allows you to pursue alimony, inheritance, and more. Again, this is a private contract between two consenting adults, and in many ways, it is similar to a prenuptial agreement.

What About the Children?
If you have a child with someone without getting married first, you automatically have rights as a parent. There is no requirement to obtain a cohabitation agreement or a domestic partnership. As long as you can prove that you are the parent, you can enjoy visitation rights and possibly
shared custody. However, if a father does not voluntarily acknowledge custody, the mother has sole custody.

Enlist the Help of a Qualified Attorney Today
If you have been searching the Massachusetts area for an experienced family law attorney, look no further than the Law Offices of Johnson, Sclafani & Moriarty. We have helped numerous individuals with matters related to family law, including unmarried couples. While it is true that Massachusetts does not recognize the concept of a common-law marriage, there are many other options you can pursue to achieve greater financial and legal stability. Book your consultation today to learn more. 413-732-8356