Legal Question in Family Law in Iowa
common law marrage
I was wondering me and my girlfriend have been together for 8 years, living together for 7. she also has used my last name. i was woundering are we married or not?
Asked on 4/29/04, 1:07 am
1 Answer from Attorneys
Robert Luedeman
solo practitioner
Re: common law marrage
Iowa recognizes common law marriages but that usually arises in the context of a divorce action. The party alleging the existence of a common law marriage must prove so by clear and convincing evidence. There are three things that need to be proved.
1) a present intent and agreement to be married by both parties; (2) continuous cohabitation; and (3) public declaration that the parties are husband and wife. The burden of proof lies on the party asserting its existence.
Answered on 4/29/04, 10:26 am
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
