If you are divorcing in the Hendersonville area, legally separating, or annulling a marriage, you should be represented and advised by a Hendersonville family law attorney. But what if your marriage is not recognized by Tennessee law?

When couples share their lives, they may assume that, over time, the law will recognize them as married. You may have heard that living together for seven or ten years automatically creates a legal marriage. How long do you have to live together to be common law married in Tennessee?

Tennessee doesn’t recognize common law marriages formed within its borders, regardless of how many decades a couple has spent together. Even if you share a last name and live together for thirty years, Tennessee law views you as two legal individuals rather than a married unit.

What Constitutes a Common Law Marriage?

Common law marriages are permitted in 7 states and the District of Columbia. In these jurisdictions, a common law marriage exists when two people reside together as spouses and present themselves to others and the world as married.

A common law marriage is not a domestic partnership, conjugal union, or civil union. Where they are recognized, common law marriages are valid marriages. If you establish a common law marriage in a state that recognizes it, the marriage will be honored by all fifty states.

What Does Tennessee Law Require?

But in Tennessee, a valid marriage requires a license issued by a county clerk and, within 30 days of acquiring the license, a marriage ceremony solemnized by an authorized official. Without these two specific elements, a legal marriage does not exist under Tennessee law.

There is no magic number of years that changes this fact. Whether you have lived together for three months or thirty years in the Hendersonville area, the duration of cohabitation does not grant you the same legal rights as a ceremonial marriage.

If the relationship ends, you do not have the automatic right to seek alimony or the equitable distribution of property. These protections are generally reserved for divorcing spouses who have followed Tennessee’s statutory requirements for marriage.

Have You Relocated From a Common Law Marriage State?

You can’t enter into a common-law marriage while you’re a resident of Tennessee, but state law does recognize the “rule of comity.” This means that if you established a common law marriage in a state that recognizes them, Tennessee will usually acknowledge that marriage as valid.

In these cases, couples in common law marriages who have relocated to Tennessee have the same responsibilities and rights as other married couples in this state.

In legal matters, the person claiming the marriage exists must prove it. You would need to provide evidence that you satisfied the specific laws of the state where the common law marriage began.

How Does Tennessee Law View Children of Unmarried Parents?

A frequent concern for unmarried couples in long-term relationships is how the law treats their children. In Tennessee, a child’s legal status and rights are not dependent on the parents’ marital status.

Under Tennessee law, there is a legal presumption of parentage if a child is born during a valid marriage. If the parents are not married, paternity may be established with a Voluntary Acknowledgment of Paternity or by a court order.

Once paternity is established, the children of unmarried partners have the same rights as children born to married parents. A Tennessee family law attorney can help parents in Hendersonville with paternity and visitation issues, ensuring the children’s best interests remain the priority.

How Do You Divorce if Tennessee Doesn’t Recognize Your Marriage?

Because Tennessee does not recognize common-law marriages formed in this state, most unmarried Tennessee couples who split up do not go through a formal divorce. Instead, they must resolve property disputes and custody arrangements through civil or juvenile court actions.

But if you have a valid common law marriage from another state, you must seek a formal divorce, and you’ll need help from a Hendersonville family law attorney. To divorce in this state, at least one spouse must be a Tennessee resident for at least 6 months. The process then requires:

1. Proving the marriage was validly formed in another state.
2. Filing for divorce in the appropriate court.
3. A mandatory waiting period (90 days with minor children, 60 days without them).
4. Participating in mediation if there are disputed issues.

Protecting Your Future Without a Marriage License

Since time alone will not grant you legal protections if you’re a cohabiting couple in Tennessee, many couples choose to be proactive. Without the protection of marriage laws, you may need alternative legal tools to safeguard your interests and your future.

One option is to prepare a cohabitation agreement with guidance and advice from a Tennessee family law attorney. A cohabitation agreement is a private contract that spells out how assets and debts are to be divided if the couple ends the relationship.

Estate planning is also essential. Without a will, Tennessee’s intestacy laws will not recognize a surviving partner as an heir, leaving them without access to the home or bank accounts they shared for years.

Are You Divorcing Your Common Law Spouse?

If your marriage is a common law marriage from another state and you are divorcing in Tennessee, a Hendersonville divorce attorney will help you compile the documentation that proves you are married.

Your lawyer will protect your best long-term interests and ensure that you are treated fairly in the divorce process. When family law problems arise that you cannot resolve independently, it is always best to hire an experienced family law attorney as your legal advocate.

Bring Your Case to Garner Law Firm, PLLC

Garner Law Firm helps families and couples resolve their legal issues and move their lives forward. We find solutions that provide for our clients’ legal needs.

We offer a full range of family law services, including divorce, mediation, alimony, child support, and child custody. To learn more or retain legal help now, call Garner Law Firm, PLLC at 615-502-4336 and schedule a free first consultation to discuss your legal goals and needs.