Tennessee does not recognize common-law marriages. This means that simply living together, even for a long period of time, presenting yourselves as married, or even having children together, will 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 performed ceremony.
This is a significant legal distinction with far-reaching implications for couples who believe they are married under common law but are not legally recognized as such. Understanding the legal requirements for marriage in Tennessee is crucial for protecting your rights and assets.
What Constitutes a Legal Marriage in Tennessee?
A valid marriage in Tennessee requires:
- A Marriage License: Couples must obtain a marriage license from the county clerk's office in the county where at least one of the partners resides. There are specific requirements and waiting periods involved in obtaining this license.
- A Valid Ceremony: The license must be presented to an authorized officiant who performs the ceremony. Officiants in Tennessee include clergy members, judges, and others legally authorized to perform marriages.
- Compliance with Legal Requirements: The ceremony must be performed in accordance with Tennessee law.
Failure to meet these requirements means you are not legally married, even if you believe you have entered into a common-law marriage.
What Happens if You Believe You're in a Common-Law Marriage in Tennessee?
Many individuals mistakenly believe they are in a common-law marriage, particularly if they've lived together for many years and held themselves out to others as a married couple. However, this belief does not create a legal marriage in Tennessee. If you find yourselves in this situation, it's crucial to consult with a family law attorney. You may need to take action to clarify your legal status, particularly if issues of property division, inheritance, or child custody arise.
Why Doesn't Tennessee Recognize Common-Law Marriage?
The abolishment of common-law marriage in Tennessee aims to provide legal clarity and prevent potential disputes. Common-law marriages can be difficult to prove, and the lack of a formal record can lead to complications and uncertainty regarding legal rights and obligations. By requiring a formal marriage license and ceremony, Tennessee aims to simplify matters and ensure that marital status is clearly defined.
What if I Lived with My Partner for Many Years and We Thought We Were Married?
This situation underscores the importance of obtaining a marriage license. While the length of time you lived together and your belief in being married are personally significant, they hold no legal weight in Tennessee. A family law attorney can explain your options for resolving any legal issues that might arise from this misunderstanding.
How Can I Legally Get Married in Tennessee?
The process is straightforward:
- Obtain a Marriage License: Contact the county clerk's office where one partner resides to learn about the required documents and fees.
- Find an Officiant: Choose a legally authorized officiant to perform your ceremony.
- Hold the Ceremony: Ensure all legal requirements are met during the ceremony.
By following these steps, you can establish a legally valid marriage in Tennessee and avoid the potential complications associated with unregistered relationships.
Remember, this information is for general knowledge only and does not constitute legal advice. If you have specific legal questions regarding marriage in Tennessee, it is crucial to seek advice from a qualified attorney.
