A Rhode Island Divorce Lawyers' Coaching Question: What facts must be proven for a Common Law Marriage to be found under Rhode Island Law?

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,

1) The parties seriously intended to enter into the husband-wife relationship. Sardonis v. Sardonis, 106 R.I. 469, 472, 261 A.2d 22, 24 (1970) (citing Ibello v. Sweet, 47 R.I. 480, 482, 133 A. 801, 801-02 (1926)).; and

2) The nature of the conduct of the parties must be of such a character that it would lead the community to a belief that the parties were married. See the recent 2009 Rhode Island case of Smith v. Smith, 966 A2d 106 (citing Williams v. Herrick, 21 R.I. 401, 402, 43 A. 1036, 1037 (1899)).

These two prongs/elements may be demonstrated by

1) the parties living together;

2) documents of any kind that indicate a declaration by either or both of the parties;

3) reputation of the parties among family and friends; or

4) other competent circumstantial evidence.

With respect to the parties' intent to enter into the husband-wife relationship, the Rhode Island Supreme Court has stated that no single item of proof, by itself, is sufficient to meet the clear and convincing standard but rather it must be proven by clear and convincing evidence that the parties 'mutually' and 'presently' intended to be husband and wife as opposed to simply being engaged and intending to become husband and wife at some point in the future. See Smith Supra.

A marriage is, in essence, a civil contract. Marriage originally arose out of contract law. As a result, just like a contract, the consent to exist as a married couple must be mutual and must be given at the same time by both parties plus there must not be any agreement that an intervening or subsequent event must occur before the persons are married (i.e. before the contract is formed). Thus, the contract is that the is marriage one in the present and not contingent upon any future event.

There is no specific amount of time that must exist before parties may be considered married by common law. If after hearing and weighing all the evidence the Rhode Island family court trial judge determines that he or she has clear and convincing evidence both

1) That the parties seriously intended to enter into a husband-wife relationship, namely that the parties' intended the married in the present as evidenced by their mutual consent at the same time without any subsequent event in the future that would bring about the beginning of the relationship, AND

2) That the character of the parties conduct is such that it must lead the community to a belief that the parties were married.

If the Rhode Island Family Court trial justice determines that clear and convincing evidence has been presented to satisfy both the 'intent' and 'belief' prongs of the common law marriage burden, then the likelihood is that the couple will be declared to be married by common law.

There are many pieces of evidence that can be presented to the court to attempt to prove or to disprove the existence of a common law marriage.

How can the Rhode Island Divorce Coach help you in a common law marriage case? Do you know the fifteen (15) most popular sets of documents and records that provide the most clear and convincing evidence to prove or disprove a common law divorce case? Do you know which records hold the most weight? Do you know which testimony might hold the most weight before a judge? Do you know how to rebut testimony or a document that either proves or disproves your position on a common law marriage'?

Without knowing these things, are you convinced that you can convince the court that there is or is not a common law marriage in your case?

Would you rather pay an attorney $3,500 (or more) to ask you to pull these things together and then present them to the court for you, OR would you rather save a whopping $3,200 (or more) simply by engaging a professional divorce lawyer to coach you on what these things are and receive specific coaching instruction on how to present them yourself?

It's your money. Call me and you get to keep your hard earned money. What could be better than this?

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

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

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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