Marriage Validity

Question 1

Will a marriage be recognized in other states?

Answer 1

Yes, if validly entered. Even in states that don’t provide for C/L marriage.

Question 2

Basic requirements for C/L Marriage?

Answer 2

1. Capacity to enter
2. Exchange of consent
3. Cohabitation
4. Holding out publicly of living together as spouses

Question 3

What will Cts look to when determining whether there is sufficient “holding out” for purposes of C/L marriage?

Answer 3

Conduct such as using common last name, opening joint bank acct, and telling others in the community that they consider themselves married