Question

What is the legal status of marriage if you are married in one state but not recognized as married in another state?

Answer 1

The legal status of a marriage can vary depending on the laws of different states and countries. When a couple gets married in one state but moves to another state where their marriage is not recognized, it can lead to certain legal complexities. This situation is commonly referred to as a "non-recognition" issue.

Historically, marriages were typically recognized across state lines based on the "full faith and credit" clause of the U.S. Constitution. This clause generally requires states to respect and recognize the legal decisions and public acts of other states. However, when it comes to marriages, there have been some exceptions, particularly regarding same-sex marriages and common-law marriages.

For example:

1. Same-Sex Marriage: Before the landmark Supreme Court decision in Obergefell v. Hodges in 2015, same-sex marriages performed in states where they were legal might not have been recognized in states that did not recognize same-sex marriage. After the Obergefell ruling, all states were required to recognize and allow same-sex marriages.

2. Common Law Marriage: Some states recognize common law marriages, while others do not. If a couple is legally married under the common law in one state but moves to another state that does not recognize common law marriages, their marital status might not be recognized there.

In recent years, there has been increasing uniformity in recognizing marriages across state lines, particularly with regards to traditional, legally performed marriages. However, it's still essential to understand the laws of the state where you reside and how they treat marriages performed in other jurisdictions.

Couples facing this issue should seek legal advice from an attorney specializing in family law to understand their specific situation and how their marriage is affected by the laws of their current state of residence. Additionally, if a couple faces challenges due to non-recognition, they may consider taking legal action or advocating for their rights to have their marriage recognized in their state.