Tennessee, unlike many other states, does not recognize common-law marriage. This means that simply living together for a long period of time, sharing finances, or presenting yourselves to others as married does not legally constitute a marriage in the eyes of the state. To be legally married in Tennessee, you must obtain a marriage license and have a legally recognized ceremony.
This lack of recognition can have significant legal implications, particularly in areas such as:
- Inheritance: Without a legally recognized marriage, a surviving partner may not be entitled to inherit assets from their deceased partner. Inheritance laws usually favor legally married spouses.
- Healthcare Decisions: In a medical emergency, a legally married spouse typically has the right to make healthcare decisions for their partner. This right is not automatically afforded to individuals in a common-law relationship in Tennessee.
- Taxes: Filing taxes jointly offers significant benefits for married couples. These tax advantages are not available to those in an unrecognized common-law marriage in Tennessee.
- Divorce and Property Division: Since common-law marriage isn't recognized, there's no legal framework for divorce or the division of property in such relationships. Any disputes over assets would have to be resolved through other legal means, such as civil lawsuits.
- Child Custody and Support: While a common-law relationship doesn't define parentage, the parentage of children born during the relationship can be determined through legal means. Custody and child support arrangements would be handled through the court system, similar to unmarried parents.
What Constitutes a Legal Marriage in Tennessee?
To be legally married in Tennessee, you must:
- Obtain a Marriage License: You must apply for and receive a marriage license from the county clerk's office in the county where at least one of you resides.
- Have a Ceremony Performed by an Authorized Officiant: The ceremony must be performed by an individual legally authorized to perform marriages in Tennessee, such as a judge, minister, or other designated officiant. The ceremony must be witnessed.
What if I Believed I Was in a Common-Law Marriage?
If you lived with someone for an extended period, believed you were married, and now face legal complications due to the lack of a formal marriage in Tennessee, seeking legal counsel is crucial. An attorney can advise you on your rights and options concerning inheritance, property division, and other legal matters. They can help you navigate the complexities of your situation and advocate for your best interests.
How is a Common-Law Marriage Different from a Legal Marriage?
The key difference lies in legal recognition. A legal marriage is formally documented and recognized by the state, offering legal protections and benefits. A common-law marriage, not recognized in Tennessee, lacks this formal recognition, leaving individuals vulnerable to legal complications.
Are There Any Exceptions to the Rule in Tennessee Regarding Common-Law Marriage?
No, there are no exceptions. Tennessee has consistently refused to recognize common-law marriages. Any claim of common-law marriage in Tennessee is not legally valid.
What if I Was Married in Another State That Recognizes Common-Law Marriage?
Even if you entered into a common-law marriage in a state that recognizes them, Tennessee likely will not recognize it. The legality of a marriage is often determined by the laws of the state where it was established. However, Tennessee's refusal to recognize common-law marriages extends to those established elsewhere. This underscores the importance of formally registering your marriage in any jurisdiction where you intend to establish residency.
This information is for general guidance only and does not constitute legal advice. For advice relevant to your specific situation, please consult with a qualified Tennessee attorney.
