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WHAT IF YOU GET "MARRIED" IN A COMMON LAW STATE IS IT RECOGNIZED IN STATES THAT DO NOT RECOGNIZE THAT

Webster, MA |

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Posted

I can't speak for every state, but in Massachusetts specifically: Assuming that the marriage was validly entered into in the jurisdiction where it took place then Massachusetts will give that marriage full faith and credit and recognize it as a legal marriage.

Douglas Lloyd is licensed to practice law in the Commonwealth of Massachusetts. Answers provided on Avvo are intended for informational purposes only; they are not intended as legal advice and do not create an attorney-client relationship. The material is presented with the understanding and agreement that I am not engaged in rendering legal or other professional services by posting it.

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Posted

The traditional rule is that a marriage validly commenced in one state is recognized as valid in all other states as a matter of comity. The present day reality of some states recognizing as valid a same-sex marriage has where other states have passed laws refusing to recognize such marriages has made the traditional less universal and absolute. A marriage commenced at "common law" is as valid as a ceremonial marriage if commenced in one of the few states that still recognize non-ceremonial marriage and the requirements of that state are met.

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This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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Posted

It is not clear if you entered into a marriage ceremony, or if you are referencing a common law marriage recognized by another state. You will need to produce a valid marriage certificate to have the marriage recognized in MA.

This answer is for general informational purposes only and does not create an attorney-client relationship.

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2 comments

Paula Brown Sinclair

Paula Brown Sinclair

Posted

Wait a minute. You are saying my 1992 Idaho non-ceremonial marriage (which involves no certificate of any kind, but satisfied Idaho law at the time) is not recognized in Massachusetts?

Karen M. Buckley

Karen M. Buckley

Posted

You would need something from ID showing there is a legally recognized marriage.