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Marriage is a commonly entered into agreement reached between two people who express a desire to make their lives together as partners. In some instances, the agreement is formed without the benefit of legal authority and is known as “Common Law Marriage.” While Michigan does not recognize common law marriage and does not afford to those who fall under its definition the benefits of state-recommended relationships, it has long been believed by the public that they exist, or at least that Michigan supports common law marriage. The facts are, however, that Michigan does not support common law marriage from any standpoint, and that the public’s misconceptions have persisted over the years, becoming urban myths with no basis in fact.
Michigan does not have common law marriage and never has. It provides no benefits to its citizens, and most importantly, it does not afford any security to those who may think that their relationship is recognized by the State. If you want to be married legally in Michigan, then you must obtain a license from the State of Michigan, and go through the process of being recognized as legally married.
Michigan has not allowed for common law marriage since 1957. Prior to that time, the State did acknowledge common law marriage, whether or not one was licensed by the State. In light of this fact, many individuals and businesses have assumed that common law marriage continues to be something that is acceptable under Michigan law and is, in fact, encouraged by the State. Both assumptions are false.
Under Michigan law, when parties wish to enter into a valid and legal contract of marriage with another person, they must obtain a marriage license from a Michigan county clerk, and they must have the marriage license validated by an officiating member of the clergy or magistrate. The marriage licenses can be obtained from the a county clerk if the individuals are over the age of 17 (if under the age of 17, both parties must sign an affidavit of consent), and each party must have a valid form of identification to present to the clerk as well as verification that each is free to marry another person and in good standing with their previous spouse (if applicable). Then, the marriage ceremony may take place and an official certificate of marriage will be filed with the Secretary of State’s office. Thereafter, the relationships and legal requirements of marriage exist in a legally binding form and as recognized by the State of Michigan.
For those who do not follow the laws of Michigan in regard to obtaining a marriage license, they have not established a recognized legal relationship with their partner. If, however, one or both individuals believes that they are married under the notion that they are “common law married” because of the period of time that they have spent together, Michigan law does not recognize those periods as binding, and those individuals are not legally married. Instead, they have lived together but are not legally married and are not entitled to any benefits of marriage under Michigan law.
Many individuals believe that living together for a period of one year or longer creates a binding commitment, and that a ceremony is not necessary to solidify that commitment. The truth is that in Michigan, each party must make known their desire to marry the other, and that each party must also be regarded as being of sound mind, with no outside coercion, lest the marriage come under the State’s auspices as being voidable.
The public radically differs with the truth of the law as it stands in Michigan. From 1980-2009, there were 375 marriages in Michigan that were recognized as having been formed under the principles of common law marriage. The number demonstrates that the public regards the notion of common law marriage as having magnitude and relevance. However, the fact is that Michigan does not encourage or promote the idea or reality of common law marriage, and the numbers that are derived are not a result of its encouragement.
Even today, individuals are uncertain of the requirements needed to obtain a marriage license in Michigan, or of the legal ramifications of having a marriage that is not recognized by law. The results can create havoc on personal lives, especially when parties are expected to divide joint property after a common law marriage has ended, or when children are involved. It is recommended that couples live as partners to one another in the eyes of the State of Michigan and protect themselves by recognizing their relationship under the law.
One notable result of the discontinuance of common law marriage in Michigan is that parties are no longer allowed to simply enter and exit their relationships without considering the implications created by the understanding that they have never made a commitment to one another. Rather, it can be assumed that they are treated as having been non-married. With this knowledge, couples make informed decisions about how they wish to conduct their relationships with one another.
For more information on marriage laws, you can visit Wikipedia.