Can Two People Declare Themselves Married Without a Ceremony or Legal Process?

It all depends on where you live. In a small number of states, a concept known as common law marriage is recognized, but even then, compliance with the legal marriage statutes is necessary. Deciding to declare yourselves married without following a formal process has its implications and benefits. Let's explore the nuances and legal considerations of declaring yourself married without a ceremony or legal process.

Common Law Marriage vs Legal Marriage

Common law marriage is a situation where two individuals can be considered married based on their cohabitation and mutual agreement to be married, without the need for a legal ceremony or marriage license. The recognition of common law marriage varies significantly by state. For example, only nine states and the District of Columbia recognize common law marriage, and even there, the rules for proving such a marriage can be quite stringent. Thus, if you live in a state that does not recognize common law marriage, declaring yourselves married in this manner will not have legal standing.

Legal and Tax Implications

If you plan to enjoy the legal and financial benefits that come with being legally married, such as tax benefits or inheritance rights, you will need to obtain a marriage license. This legal framework is designed to ensure that all marital agreements are officially recognized, and it often serves as a legal contract between the partners.

When you get a marriage license, you officially become part of a legal bond recognized by the state. This bond provides numerous legal advantages, ranging from tax deductions to healthcare benefits and the ability to make legal decisions on behalf of your partner if they are incapacitated. Essentially, by obtaining a marriage license, you invite the government's intervention and become tied to tax regulations and state laws related to marriage.

Philosophical and Social Perspectives

On a more philosophical note, the concept of a marriage without a legal process raises questions about the nature of marriage and its legal versus social significance. Many people believe that marriage should be a personal and spiritual commitment, not governed by legal oversight. The idea of submitting one's marriage to a government authority can be seen as an infringement on individual freedoms and religious beliefs.

However, there is a significant counter-argument that legal recognition is necessary for certain practical and legal reasons. For instance, without a legal marriage, access to certain protections and benefits offered by the state is lost. Moreover, legally recognized marriages provide clarity and security for both partners, especially in matters of property, finances, and health care.

The Doctrine of Equality

The doctrine of equality, often cited in the context of legal marriage, suggests that all individuals are inherently equal and the only authority by which one should submit to marriage is their own concept of a higher authority, such as God. This perspective emphasizes the freedom of individuals to make their own choices about marriage without government interference.

From this standpoint, the traditional legal requirements of marriage reflect the societal norms and structures that many people find oppressive. Proponents of this view advocate for a more personal and individualized approach to marriage, where the legal aspects are seen as unnecessary and intrusive.

Operating in Sovereign Equality

If one were to operate in a state of sovereign equality, with the belief that all people are inherently free and equal, the need for a government-issued marriage license would be seen as extraneous. Under this philosophy, the natural laws and agreements between individuals should be respected without the need for legal formalities.

However, in the practical and societal context, the legal framework of marriage provides a level of protection and recognition that is essential for many individuals and their partners. Therefore, while the choice to declare oneself married without a legal process is valid, it is often wise to consider the practical and legal implications of such a decision.

Conclusion

Choosing to declare yourselves married without a formal ceremony or legal process is a personal decision with both advantages and disadvantages. If you wish to be legally bound and enjoy the associated legal and financial benefits, obtaining a marriage license is necessary. On the other hand, if you embrace a more philosophical or individualistic view of marriage, the lack of formal legal recognition might align with your beliefs. Ultimately, the choice to declare yourselves married without a ceremony or legal process is a deeply personal one that should be made after careful consideration of the legal and social implications.