What are the disadvantages associated with a common law marriage?
Since the same last name must be shared by the couple in compliance with common law marriage requirements, the adopting spouse has to obtain an official court order to get government agencies, banks, title companies, etc., to recognize and observe the change. As previously stated, common law marriage couples are not necessarily governed by the same rights as formally married couples in regard to lawful entitlements. Divorce may prove more complex because there will likely be a trial to determine whether or not the marriage is legally recognized, i.e. if no marriage “contract” was signed and recorded, a spouse can claim denial of marriage intent in order to be disqualified from spousal support, dividing of joint property, etc. Marriage experts and lawyers argue that if your intent truly is to be married, and you qualify for a conventional marriage, you are probably better off avoiding a common law marriage.
