Common Law Marriage in Rhode Island

We Provide Guidance to Couples Throughout the State

In the state of Rhode Island, marriage does not always require a wedding ceremony or a license. If you consider yourself married and meet certain requirements, you can establish a common law marriage and enjoy the rights and privileges of a married couple. Our Rhode Island common law attorneys at McIntyre Tate LLP can ensure you understand the process to apply for common law marriage.

What Are the Requirements for a Common Law Marriage?

One of the biggest myths surrounding common law marriage is that a couple must be in a relationship for a certain amount of time to qualify for a common law marriage. This is false! Time is not a factor for common law marriage in Rhode Island. 

It does not matter if you holding yourself as married for two months or two years; you can still be considered married under the law if you meet the following criteria:

• Intend to be married
• Hold yourselves out as married to the public
• Cohabitate or live together

Circumstantial evidence can also establish a common law marriage. This may include jointly owned property, a joint bank account, or the couple sharing a last name.

• Related: How is Common Law Marriage Established in Rhode Island?

What is a Common Law Spouse Entitled to in RI? 

In Rhode Island, which is among the few states that do not recognize common law marriage, there are no specific legal provisions granting rights or entitlements to common law spouses. 

Individuals in a common law marriage do not have the same rights and protections as married couples under state law.  Consulting with an experienced attorney can provide valuable guidance on how to safeguard the rights of unmarried partners in Rhode Island.

Matters Related to Common Law Marriage

While a common law marriage provides similar legal rights as an official marriage, there are significant differences between the two that can become very complicated. For instance, pursuing a divorce, moving out of state with your spouse, or going through the probate process after your spouse passes away, are all situations where you need an experienced attorney to represent your rights.

Our RI attorneys have represented individuals in a variety of cases related to common law marriage. We have more than 150 years of combined experience and are ready to help. Reach out to our firm today.

Considering applying for common law marriage? Call (401) 351-7700 for a consultation at McIntyre Tate LLP.