Nashville, TN asked in Divorce and Family Law for Tennessee

Q: Can you "convert" a common-law marriage to a legal marriage? Will a legal marriage "nullify" a common-law marriage?

My husband and I received a Certificate of Informal Marriage in Texas in 2018, with no explanation of how it was different than a legal marriage. Through my own research, I realized that we are actually in a common-law marriage, and how that's different than a legal marriage.

In 2022 we relocated from Texas to Tennessee with the expectation that it would be a temporary move, but we may be here permanently.

Three Questions:

1. Does common-law marriage provide the same legal protections (health insurance, social security, tax benefits, etc.) as legal marriage? And if so, does that hold true if you are living in a state that does not “recognize” common-law marriage?

2. If we get legally married in Tennessee, with that nullify the past six years, as if we just got married for the first time this year?

3. If our Drivers Licenses, Vehicle Registration/Insurance, certain mailing addresses, etc. are still in Texas, will we even be able to get married in Tennessee?

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: Common Law Marriage is not recognized in Tennessee...

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