The truth is much more complex, and many people who believe they have a common-law marriage in Kentucky may actually find themselves in a precarious legal position when it comes to probate or custody. In Texas, common-law relationships are called informal marriages. Kentucky does not allow informal marriages to be created in the state, but recognizes their validity if they are formed in other states that do. As a result, a legally married Texas couple will have their relationship recognized in Kentucky. Created by FindLaw`s team of writers and legal writers| Last updated November 21, 2018 A small number of people are allowed to enter into a common-law relationship in Kentucky. These are people who moved to Kentucky from one of the states that still allow marriage under common law. I was recently asked about common-law marriage in Kentucky, specifically what it takes to divorce. If you almost asked someone, they would tell you that people are considered married if they live in the same household for a certain number of years. That`s just not the case in Kentucky.
The de facto marriage in KY has a history that dates back to medieval England. Common-law marriage is a popular option for partners who want to avoid the expense and formalities of a ceremonial wedding. If a common-law marriage is permitted or recognized in a state, the couple is entitled to certain rights and benefits similar to those enjoyed by formally married persons. These rights include: Note: State laws can always be changed through the passage of new laws, decisions in higher courts (including federal decisions), voting initiatives, and other means. While we strive to provide the most up-to-date information available, please consult an attorney or conduct your own legal research to review the state laws you are seeking. A common-law marriage is when two people impersonate a marriage from the community without going through the formal state-sanctioned marriage process. It`s clear that same-sex marriage is currently not an option in Kentucky. According to the law, it is contrary to public order. KRS 402.040(2). In addition, there is currently no domestic partnership or civil partnership law in Kentucky to provide many of the state benefits normally granted to spouses to same-sex couples.
Currently, people of the same sex are only considered unmarried partners if they actually live together. One of the main benefits of marriage comes into play unexpectedly at the end of the marriage. In divorce proceedings, each party has guarantees regarding the division of property. When a couple separates, divorce laws require that marital property and debts be divided in “equitable proportions.” Unmarried partners do not have similar rights Common-law marriage Common-law marriage, sometimes referred to as “de facto” marriage, occurs when the parties agree to marry and impersonate husband and wife to the rest of the community without going through the formal state-sanctioned marriage process. Kentucky does not recognize common-law marriages contracted in Kentucky. Pendleton v. Pendleton, 531 pp.2d 507, 509-510 (Ky. 1976). Therefore, parties who have entered into a common-law marriage in Kentucky are not permitted to appeal to Kentucky courts to formally decide their divorce or related matters. A civil partnership is an interpersonal relationship between two people who live together and lead a common domestic life, but are not married. Because there is no law specifically requiring relationship registration, domestic partnerships are not enforceable in Kentucky unless proper estate planning is done. Estate planning protects the interests of both partners in the event of the end of the relationship or the death of one of the parties.
For example, if you were interested in a common-law marriage in Kentucky because you want to inherit a partner`s property, you may want to talk to a probate attorney about drafting your will to make sure your wishes are respected. According to a study by the University of Michigan, these government data track the decline in marriage and the increase in cohabitation in the United States. Between 2000 and 2010, the population increased by 9.71%, but husband-wife households increased by only 3.7%, while married couple households increased by 41.4%. Common-law marriage in KY has not been legal for over 150 years. No matter how long you and your partner live in the same household, you are not considered husband and wife. Marriage vows must be accompanied by a valid Kentucky marriage certificate to make a marriage legal in the state of Kentucky. Family law laws protect each partner`s rights to property acquired during the marriage. If the qualification of assets acquired from unmarried partners is less clear and the ownership of the assets in whose name the property is listed is regulated, contract law and company law.
In the absence of a written agreement, testimony and other evidence may be used to prove the existence of the marriage. Examples of supporting documents include: Only states that allow common-law relationships grant affidavits. Because common-law marriages are not allowed in Kentucky, these affidavits are not available in the state. Although de facto marriage requirements vary from state to state, most states follow the same general guidelines regarding what information should be included in an affidavit: common-law spouses have the same rights as officially married spouses. These rights include division of property, custody of children and access in the event of death or divorce. However, the assertion of these rights is applicable only if the de facto marriage was contracted in a State which permits the formation of such a marriage. Kentucky recognizes common-law marriages that are valid in other states. Glidewell v. Glidewell, 790 p.w.2d 925 (Ky. ct.
App. 1990). This means that if another state that allows common-law marriages recognizes that two people are married, THEN Kentucky will honor that marriage, even if it is under common law. Recognized common-law marriages in Kentucky require divorce. The process of filing for divorce is the same as that of a formal marriage. In Kentucky, the circuit court has jurisdiction over divorce cases. The case must be initiated by a person who has lived in the state for more than 180 days and must be taken to the woman`s district of residence. If the wife does not reside in Kentucky, the case must be brought before the husband`s district of residence.
Marriage, too, must be irreparably broken. The court decides on rights of custody, maintenance, disposal and maintenance. In addition, maintenance and custody rights do not apply to children of unmarried couples, even if they are married common-law. Property rights also do not exist specifically for cohabiting couples, even though the couple`s relationship is very similar to marriage in Kentucky. Did you know that Kentucky does not recognize marriage at common law? A de facto marriage occurs when a couple living together presents themselves to the public as husband and wife without having received a marriage certificate or marriage ceremony.