None. There are no specific facts stated by Rhode Island law which must be proven for the RI Family Court to find that a common law marriage exists.
Rhode Island law uses a two-pronged approach for determining common law marriages. When considering the evidence with respect to each prongs (also called an 'element'), the party attempting to prove the existence of a common law marriage is held to proving the existence of the prongs by "clear and convincing evidence." Silva v. Merritt Chapman & Scott Corp., 52 R.I. 30, 32, 156 A. 512, 513 (1931)
Under Rhode Island law, a judge determines on a case by case basis if a common law marriage exists after considering all the evidence presented and determining whether the totality of the evidence establishes the following two elements in a "clear and convincing" manner.
The party trying to prove the existence of a common law marriage must establish by clear and convincing evidence that,
RI Common Law Marriage Article (con't) - Click Here
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