Common law marriage—also known as marriage without formalities or informal marriage—is marriage without a wedding or marriage ceremony and without a marriage license. Some states recognize common law marriage under certain circumstances—such as when the parties agree to be married, live together (cohabit) after agreeing to be married, and represent to others that they are married (holding themselves out as a married couple).
Other states previously recognized common law marriages, but no longer recognize such marriages after a certain date on which the law was changed—usually by statute. In other states, common law marriage has not been recognized by the legislature in a statute, but the courts have recognized common law marriage in court opinions or case law.
In Rhode Island, common law marriage is recognized under certain circumstances, despite the absence of a formal marriage license or a wedding ceremony. For a common law marriage to be acknowledged in Rhode Island, the couple must have the intent to be married, cohabit, and present themselves to the public as a married couple. This means that the couple must consistently behave in a manner that shows they intend to be married, which can include actions like filing joint taxes, using the same last name, or referring to each other as spouses. It is important to note that simply living together for a certain period does not automatically establish a common law marriage. The recognition of common law marriage in Rhode Island is based on court opinions and case law rather than specific statutes. If a couple wishes to have their common law marriage legally recognized, they may need to seek a declaratory judgment from a court. As with any legal matter, it is advisable to consult with an attorney to understand the specific legal requirements and implications of common law marriage in Rhode Island.