Rhode Island has long recognized common-law marriage as valid. It must be “established by clear and convincing evidence that the parties seriously intended to enter into the husband-wife relationship.”
What do you tell a client whose spouse just died but the parties were never married formally in a civil or religious marriage? It is important to understand common-law marriage so you may inform the client that he or she may have rights in the estate of his or her “spouse.” It is equally important to determine if the claim may not be viable or even frivolous before embarking on that journey.
Among the topics the speaker addresses:
- DeMelo v Zompa and other pertinent case law determining the parameters of common-law marriage
- establishing facts to prove the common-law marriage by clear and convincing evidence
- determining the rights in the property or potential alimony rights or liabilities
- prosecuting and defending common-law marriage in the Probate and Family Courts and the framework for the discovery
process
- helpful hints for overlooked items that may help to defeat a claim or anticipate the defeat of the client’s claim
- the potential for same-sex common-law marriage