Common in law marriage tennessee

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The state of Tennessee does not recognize common-law marriages. In order to be considered husband and wife, you must apply for a validated marriage license from your county clerk's office. Newlyweds will receive their marriage certificate after the wedding officiator signs the marriage license.

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If you move to Tennessee from one of the 15 states that recognizes common-law marriage, then Tennessee will recognize the agreement between the two parties. According to the Department of Human Services, the state only accepts common-law marriages established outside of Tennessee and from a state where it was formerly recognized. Children conceived from recognized common-law marriages who now reside in Tennessee are considered legitimately bound children to the mother and father. As a result, both parents are responsible for the financial welfare of the children upon residing in Tennessee as a recognized common-law partnership form another state.

Your common-law marriage will only be recognized in Tennessee if you moved from a state that legally recognized it.


New Hampshire and Utah only recognize common-law marriages under certain circumstances. In Tennessee, judges divide marital property along the lines of "equitable distribution," which is not necessarily equal but takes into account each spouse's needs and means. For instance, a judge will consider the tangible contributions to the marriage made by each party; the amount of Social Security and other retirement benefits available to each party; and the duration of the marriage.

State of Tennessee Marriage License, TN

Fault is not factored into property division orders. The value of a given marital asset is determined by the court if the parties are unable to agree, although spouses may testify with regard to property values.

Courts often employ an outside appraiser, unless the asset's value is obvious such a bank account or shares of a particular stock. Not all property acquired during a marriage is considered marital property, including the following:. It's not always easy for the courts to determine "who gets what" during the dissolution process.

If you need help with marital property issues in Tennessee, it's a good idea to get in touch with an experienced family law attorney near you today. Find your Lawyer Explore Resources For Learn About the Law.

TN Marriage License Laws Requirements » Marriage License TN

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