Common law marriage is a type of informal marriage that used to be widely recognized around the world, but has been largely phased out over the last few centuries. Only eight states in the U.S. and the District of Columbia legally recognize common law marriage. Oregon is not one of them.
What is the Definition of Common Law Marriage?
A common-law marriage is formed when a couple lives together (i.e. cohabits) for a certain period of time, and holds themselves out to friends, family and the community as being married, but without having gone through a formal ceremony or obtaining an official marriage license or certificate. Simply living together for a long period of time isn’t enough to form a common-law marriage. Also, you must be of legal age in the states in which common-law marriage is recognized.
What’s the Appeal of Common Law Marriages?
Common-law marriages may be a good option for people who are not willing or wanting to commit to an official religious or state-sponsored marriage. Love is a very personal thing, isn’t it? Why should a couple need to see a local court clerk or judge for a certificate to have a bureaucrat approve the bond between partners?
Cohabitation and holding oneself out as part of a couple is popular and trendy for modern couples who want the benefits of cohabitation without the hangups of an old religious or social institution such as marriage. Let’s face it: The origins of marriage weren’t exactly based on true love. The first recorded evidence of marriage dates from about 2,350 B.C., and it was mostly about binding a woman to a man. Like chattel. There are many couples who would like to have the benefits of living together without the outdated concept a woman essentially belonging to a man. For an a little light reading on this topic, check out The Subjection of Women written by John Stuart Mill– and his wife– Harriet Taylor Mill, in 1869. There are also men and women who want to avoid the obligation of paying spousal support to their ex-spouse, should they ever divorce. Since spousal support can only be ordered in dissolution proceedings in Oregon based on a valid marriage, avoiding marriage is a good way to avoid the risk of a spousal support burden.
Does Oregon Recognize Common Law Marriages From Other States?
In short, yes. However, there aren’t many appellate cases in Oregon which discuss this topic. One estate case from the Oregon Court of Appeals in 1971– Bridgman v. Stout— spent considerable time analyzing and discussing the elements of common-law marriage in Ohio. The case was complicated, the important events started in 1947, there were questions about paternity of children, and even allegations of bigamy. But the key issue in the case for the Oregon appellate court was whether the couple had a valid marriage from their time spent living in Ohio once they moved back to Oregon. If the common-law marriage from Ohio was valid in Ohio, then the court in Oregon would honor it and award the surviving spouse the decedent’s estate. The Oregon court ultimately held that the surviving spouse did not prove by clear and convincing evidence the establishment of a common-law marriage in the other state– “clear and convincing evidence” being the standard required in that other state.
What Are the Alternatives to Common Law Marriage in Oregon?
Alternatives to traditional marriage in Oregon include: a common-law marriage from another state, civil unions, or domestic partnerships. Cohabitation is also an alternative to marriage, but carries risks if there are disputes between the parties as to finances, assets, debts, personal or real property ownership, and especially custody and parenting time rights if the parties have children from the relationship.