Rhode Island Divorce Tips by Attorney Chris Pearsall: Common Law Marriage

October 07, 2009

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

Authored by: Christopher A. Pearsall, Attorney-at-Law

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Copyright 2009. Christopher A. Pearsall, Esquire
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September 20, 2009

The Rhode Island Divorce Coach Clears Up Two RI Common Law Marriage Myths!

Too many good Rhode Island people are still under two myths about Rhode Island Common Law Marriages. As a Rhode Island Divorce Lawyer and to my knowledge Rhode Island's Only Divorce and Family Law Coach I'd like to do my part to clear up the myth and set the record straight for everyone who may go before the RI Family Courts.

First, Common Law Marriage is still recognized in the State of Rhode Island. Strangely, I've heard several Rhode Island lawyers misinform people that there is no such thing as common law marriage under Rhode Island law.

If my fellow practitioners who are not aware of it happen to stumble on this article I hope they chisel this in stone in their minds. The answer is . . . "Yes Virginia . . . there is common law marriage under Rhode Island law. For RI Citizens and for those who are interested, here you have it straight from the Rhode Island Divorce Coach . . . . common law marriage remains alive and well under Rhode Island law as of the date this article is published.

Second, I have also heard fellow practitioners who have appeared beside me in the four family courts in Rhode Island try to tell me that they knew that common law marriage still existed but that they weren't sure whether the two people had to be living together for ten (10) years or if it had been reduced to seven (7) years by the RI General Assembly.

I am happy to reveal that the answer is ZERO! A common law marriage does not require any particular number of years at all. In fact, it is entirely possible that you be together with a person for only eleven months and a RI Family Court Judge could still find that there is a common law marriage between you and your significant other (i.e. your spouse if the RI Family Court judge were to make that ruling).

In my other Rhode Island Divorce Coaching articles and blogs you are likely to find even more information about common law marriages in Rhode Island. Feel free to read my other websites and articles to understand more about Rhode Island Divorce and Family Law.

To all my Readers . . .

Have a Fantastic Day and Design a Fantastic Life for Yourself!

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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Call (401) 632-6976 Now
and
Schedule Your Rhode Island Divorce* or Family Law* Coaching Session Now!

Copyright 2009. Christopher A. Pearsall, Esquire
Offering Divorce and Family Law Coaching for a New Millenium!

* Rhode Island licenses all attorneys in the general practice of law.

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