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Zachary Young
Chapter 9
FHS 2400
Common Law Marriage
The state of Utah legally recognizes marriage not solemnized. In order to be recognized in this
manner, both people must be, of legal age and capable of giving consentlegally capable of entering a
solemnized marriagehave lived togethertreat each other as though they are marriedand present
themselves to the public so that other people believe they are married (Utah State Courts). If someone in
the relationship wants to leave the marriage not solemnized, that individual must file for a divorce,
similar to a traditional marriage.
There are many reasons for entering a marriage not solemnized. One reason is if your partner
has passed away and you want to claim benefits as the other persons spouse. Another reason is if you
dont want to be together anymore and you want to legally divide property, you can get married then get
divorced to inherit that property. If you had children with the other person and you want to take full
custody, you must first become married, then get divorced, then take custody.
The only real advantage of a common law marriage is to give formal recognition to marriages
informally entered into in the past (Utah State Courts). Most often it is quicker and cheaper to get married
rather than go through the process of getting a common law marriage. Sometimes a solemnized marriage
isnt possible, due to death or desire for divorce, so a common law marriage is a better option. Common
law divorce in Utah is to help individuals in non-marital relationships receive traditional benefits and to
help those seeking a divorce in non-marital relationships be able to handle property and custody rights.
I dont see myself ever entering a common law marriage. I plan on getting married instead in
order to not have to deal with the legal side of getting a common law marriage in Utah. Marriage is a
better option for me. I know some people wont want that option due to commitment issues or death, so
Im glad common law marriage is a thing in Utah so they have that option to get the benefits they deserve.
The Utah legislation made a good decision in allowing this law to pass.

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Works Cited
"Judicial Recognition of a Relationship as a Marriage." Utah State Courts. Web. 2016.

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