Rhode Island  |  Family Law

Re: Common Law Marriage in Rhode Island and Federal tax

Rhode Island (RI) recognizes common law mariages. I need to find out more information to determine if you are common law married under Rhode Island Law.

In order to establish a common law marriage in Rhode Island, a couple must have "seriously intended to enter into the husband-wife relationship." Demelo v. Zompa, 844 A.2d 174 "The parties conduct also must be of such a character as to lead to a belief in the community that they were married." Demelo v. Zompa, 844 A.2d 174 "The prerequisite serious intent and belief is demonstrable by inference from cohabitation, declarations, reputation among kindred and friends, and other circumstancial evidence." Demelo v. Zompa, 844 A.2d 174

One of the most crucial elements of common law marriage is the tax status that the parties claim on their federal and state income tax forms. If the parties filed married filing jointly or married filing separately then some judges would say that the common law marriage is established. A federal tax document is a very significant document and most people know the importance of being truthful when filling it out. I would tend to agree that if the parties filed their taxes as married then they are probably in fact married! If the parties filed as married filing jointly and then one of them denies the common law marriage then they are in a perjury trap. Either they lied to the IRS or they are lying to the Court.

There is a risk of a problem developing later if you previously filed as married on your federal tax return and then you subsequently get legally married to another person.

Please contact me to discuss this further.