Our friends at Robinson & Hadeed regularly encounter confusion about common law marriage as many people believe living together for a certain period automatically creates a marriage, which is not true in any state. A family lawyer can help you understand whether your state recognizes common law marriage, whether your relationship meets the requirements, and what rights you have regarding property and support if your relationship ends.
As of 2025, only a small number of states recognize new common law marriages. These states include Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Texas, and Utah, plus the District of Columbia.
All other states have abolished common law marriage and will not recognize new common law marriages created within their borders. However, states that don’t recognize common law marriage typically recognize common law marriages validly created in other states under the full faith and credit clause of the Constitution.
If you established a valid common law marriage in a state that recognizes it, then moved to a state that doesn’t, your marriage is still valid. The state where you currently live must recognize your existing common law marriage even though they wouldn’t allow you to create a new one.
Simply living together, even for many years, doesn’t create a common law marriage. States that recognize common law marriage require specific elements to establish the marital relationship.
Common requirements include:
The length of cohabitation doesn’t determine common law marriage status. No state requires living together for a specific number of years. You could establish a common law marriage after a few months or fail to create one after decades together depending on whether other requirements are met.
Establishing that a common law marriage exists requires evidence beyond simply living together. You must prove all required elements were present.
Filing joint tax returns as married provides strong evidence of common law marriage. This documentation shows you presented yourselves publicly as married to the government.
Using the same last name, wearing wedding rings, referring to each other as husband and wife, and introducing each other as spouses demonstrates holding out as married.
Shared bank accounts, joint property ownership, listing each other as spouses on documents, and beneficiary designations all support common law marriage claims.
Written agreements stating your intent to be married can establish the mutual consent element, though few couples create such documents.
Common law marriages carry the same legal status as ceremonial marriages. Common law spouses have identical rights and obligations as couples who married with licenses and ceremonies.
Property acquired during the relationship qualifies as marital property subject to division if the common law marriage ends in divorce. Courts apply the same property division laws to common law marriages as to formal marriages.
Spousal support or alimony becomes available in common law marriage divorces. The lower-earning spouse can request support using the same legal standards applied in traditional marriages.
Inheritance rights exist for common law spouses. Without a will, a common law spouse inherits according to intestacy laws just like a ceremonial spouse would.
Common law marriages don’t end informally. You can’t simply separate and stop living together to dissolve a common law marriage any more than you could dissolve a ceremonial marriage that way.
Divorce is required to legally end common law marriages. The same divorce procedures, property division rules, and support considerations apply whether your marriage was common law or ceremonial.
Most long-term relationships are not common law marriages even in states that recognize them. Missing any required element means no marriage was created.
Many couples live together without intending to be married. They’re simply cohabitating partners, not spouses. Without mutual intent to create a marriage, no common law marriage exists regardless of how long they’ve lived together.
Not holding out publicly as married defeats common law marriage claims. If you consistently introduce each other as boyfriend/girlfriend or partners rather than spouses, you haven’t held yourselves out as married.
Couples who aren’t married, including those in states that don’t recognize common law marriage, have limited legal rights regarding each other’s property.
Property belongs to whoever holds title. If one partner bought the house and it’s in their name alone, the other partner typically has no ownership interest regardless of how long they lived there.
No automatic right to support exists when unmarried couples separate. You can’t request alimony or palimony in most states just because you lived together for years.
Cohabitation agreements can create enforceable property rights for unmarried couples. These written contracts specify how property will be divided if the relationship ends and can establish support obligations.
Create written cohabitation agreements addressing property ownership, financial contributions, and what happens if you separate. These contracts protect both partners by establishing clear expectations.
Keep careful records of financial contributions to shared property. If you contribute to mortgage payments on your partner’s house, document these payments to support potential claims if you separate.
Maintain separate property when possible. Property in your name alone can’t be claimed by your partner in most circumstances.
Use contracts and legal documents to create rights that don’t exist automatically. Will provisions, beneficiary designations, powers of attorney, and property ownership documents protect partners who aren’t married.
The myth that living together for seven years creates common law marriage persists despite being false. No state uses a specific time period to establish common law marriage. The seven-year rule has no basis in any state’s law.
Presenting yourselves as married just to friends and family isn’t sufficient. Holding out requires broader public representation as spouses, not just among close social circles.
Having children together doesn’t create common law marriage. Unmarried couples can have children without becoming married under common law or any other theory.
Filing joint tax returns alone doesn’t establish common law marriage, though it’s strong evidence supporting other proof of the required elements.
Moving between states creates questions about common law marriage status. If you established a valid common law marriage in Colorado and later moved to California, your marriage remains valid in California despite that state not recognizing new common law marriages.
Establishing common law marriage requires being in a state that recognizes it during the period when you met the requirements. You can’t retroactively claim you created a common law marriage in a state that doesn’t recognize them.
Disputes about whether common law marriage exists often arise after one partner dies or when couples separate. One person claims the relationship was a marriage while the other denies it.
The person claiming common law marriage exists bears the burden of proving all required elements. Evidence must show capacity, mutual consent, cohabitation, holding out, and intent.
Witnesses who can testify about how you presented your relationship publicly become important in these disputes. Friends, family, employers, and others who interacted with you as a couple might provide relevant testimony.
Common law spouses must file taxes as married. You can’t file as single if you’re in a common law marriage even without a marriage certificate.
Benefits like Social Security spousal benefits, inheritance rights, and insurance coverage extend to common law spouses with proof of the marriage.
Common law marriage exists in only a small number of states and requires more than simply living together, demanding proof of mutual intent to marry, cohabitation, public representation as spouses, and other elements that many long-term couples never establish. Understanding whether your state recognizes common law marriage, whether your relationship meets the specific requirements, and what rights you have as either a common law spouse or an unmarried partner helps you protect your interests and plan appropriately for your future. If you believe you’re in a common law marriage and need to establish or disprove that status, or if you’re in a long-term relationship without marriage and want to protect your property rights, reach out to discuss your state’s laws and whether your circumstances create a common law marriage or whether other legal tools better serve your needs.
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Bullying is a growing concern in schools across the country. While most schools have policies in place to address harassment and intimidation, those policies do not always stop the problem. In some cases, bullying leads to serious physical injuries that affect a student’s health and well-being. When that happens, families often ask whether the school can be held legally responsible for the harm their child suffered.
Below, our friends from Hayhurst Law PLLC discuss who may be responsible for bullying related injuries that happen at school.
Public and private schools both have a legal obligation to provide a safe learning environment. That includes taking reasonable steps to prevent bullying and to intervene when it occurs. If a school knew about a bullying situation—or should have known—and failed to take appropriate action, that failure could form the basis of a legal claim. In legal terms, this is considered negligence, and it applies when the school fails to protect a student from foreseeable harm.
To prove the school was negligent, it is not enough to show that bullying occurred. You must also show that school officials were aware of the problem or had reason to be, and that they failed to respond in a way that a reasonable school would. This might include ignoring repeated complaints, downplaying threats, or failing to follow anti-bullying protocols. If a student ends up injured as a result of that inaction, the school may be legally at fault.
While emotional trauma from bullying is very real, physical injuries often carry stronger legal weight when it comes to personal injury claims. This includes injuries caused by fights, assaults, or even self-harm resulting from sustained bullying. If the school failed to monitor high-risk areas like hallways, bathrooms, or playgrounds, or failed to separate students with known issues, that could be viewed as negligence.
In many bullying cases, families wonder if the other student’s parents can be held responsible. In some situations, they can. Parents may be liable if they knew their child was engaging in violent or threatening behavior and did nothing to stop it. However, these claims can be more difficult to pursue and depend on the laws of your state. More often, claims focus on whether the school failed to protect the victim once it became aware of the issue.
If your child has been physically injured as a result of bullying, it is important to report the incident to the school immediately and in writing. Keep copies of all communication, medical records, and witness statements. If the school is a public institution, legal deadlines apply. You may be required to file a notice of claim within a short timeframe—sometimes as little as 60 days after the injury. Missing that window could make it impossible to file a lawsuit later.
No child should feel unsafe at school. If your child was injured due to bullying and the school failed to step in when it should have, you may have legal options. An experienced personal injury lawyer can help you understand whether the school’s actions—or inactions—crossed the line into negligence and what steps you can take next.
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Whether your legal issue is a civil or criminal matter, contacting a Mississippi attorney can help you better understand the court system and laws pertaining to your case. Mississippi has eight (8) different courts with specific roles in the judicial system that handle the trial and appeal processes for all legal matters. Which court has jurisdiction over a case is determined by the parties and issues involved, as well as the amount in controversy of the case.
The trial courts in Mississippi are broken down into two groups: Courts of General Jurisdiction and Courts of Limited Jurisdiction. The courts that have general jurisdiction are the Circuit Courts and Chancery Courts.
Circuit Courts
Felony criminal cases and civil lawsuits are heard before the Circuit Court. Additionally, Circuit Courts hear appeals from County, Justice and Municipal courts and from administrative boards and commissions.
Chancery Courts
The Chancery Courts have jurisdiction over cases regarding equity; domestic matters including adoptions, custody disputes, and divorces; guardianships; wills and trusts; and challenges to the constitutionality of state laws.
The courts of Limited Jurisdiction are the County, Justice, Municipal, Youth and Drug courts.
County Courts
The County Courts share jurisdiction with the Circuit and Chancery Courts in some civil matters, and have concurrent jurisdiction with Justice Courts in all matters, civil and criminal. There are twenty-four (24) counties which have a County Court, and thirty-four (34) County Court judges who serve four year terms.
County Courts can hear civil matters with an amount in controversy of less than $200,000. For criminal matters, County Courts may handle any non-capital felony cases transferred from the Circuit Court.
Justice Courts
Justice Courts have jurisdiction over small claims civil cases that involve amounts of $3,500 or less. The Justice Courts have jurisdiction over misdemeanor criminal cases and any traffic offense that occurs outside of a municipality. Justice Court judges may conduct bond hearings and preliminary hearings in felony criminal cases before sending the case to the grand jury or the proper court of jurisdiction.
Municipal Courts
Municipal Court is a city court that has jurisdiction over misdemeanor crimes, municipal ordinances and city traffic violations. A Municipal Court judge may conduct initial appearances, as well as bond hearings and preliminary hearings.
Youth Courts
The Youth Courts deal with civil and criminal matters involving juveniles, regarding abuse and neglect of a juvenile, as well as offenses committed by a juvenile. A “youth” is defined as someone who has not reached the age of eighteen (18). However, there are some exceptions in which the offense is treated as a crime and then transferred to the Circuit Court.
Drug Courts
The Drug Courts are special courts which handle crimes committed by persons addicted to drugs or alcohol, with mental health issues, or who are military veterans. Drug Courts are intervention courts that seek to rehabilitate offenders and curb criminal behavior. Mississippi’s Drug Court programs focus on rehabilitating adult and juvenile nonviolent drug offenders.

The Mississippi Supreme Court and the Court of Appeals operate in a two-tier appellate court system that review trial court decisions of law and fact.
Supreme Court
The Mississippi Supreme Court is the court of last resort among state courts and decisions from the Chancery, Circuit and County Courts and the Court of Appeals may be appealed to the Supreme Court. The Supreme Court has exclusive jurisdiction over annexations, bond issues, constitutionality challenges, death penalty cases, disciplinary matters involving attorneys and judges, election contests, certified questions from federal court, utility rates, cases of first impression and issues of broad public interest. All cases that are appealed from the trials courts are first appealed to the Supreme Court, and then it may assign the appeal to the Court of Appeals.
Court of Appeals
The Court of Appeals was created by the Mississippi legislature and began hearing cases in 1995 that are assigned to it by the Supreme Court. The Court of Appeals is an error correction court and decides appeals on issues in which the law is already settled, but the facts are in dispute. The Supreme Court may review Court of Appeals decisions. However, if the Supreme Court declines review, the Court of Appeals decision stands.
If you are involved in a civil or criminal case and looking for advice about your legal issue, contact Burch Law Firm today for a free initial consultation. Whether you have a personal injury claim, a family law issue, are in need of representation on a criminal matter, a workers’ compensation claim, or even a wills and estate issue, Burch Law Firm can help you. If your legal needs or claims are not something we can handle or we are unable to help with due to conflict, we will refer you to someone who can. Call, text, email or book an appointment online today.
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You File a Claim With Your Own Insurance Company
If you have a policy with uninsured or underinsured motorist coverage, you can file a claim with your insurance provider to seek compensation for your damages. Uninsured motorist (UM) insurance covers you if you are in a car accident with someone who does not have liability insurance. Underinsured motorist (UIM) insurance is for when a motorist has the state-required minimum insurance, but still does not have enough liability insurance to cover your injuries and damages.
In Mississippi, UM and UIM insurance are very similar, meaning underinsured drivers are treated the same way as uninsured drivers. This is because the state’s law includes under insured drivers in the definition of uninsured drivers. UM insurance can also come in handy in the event of a hit-and-run. Since you often can’t get a driver’s information in a hit-and-run, filing a claim under your UM insurance is beneficial.
How Do You Know if You Have UM and UIM Coverage?
Check with your insurance agent and your insurance declarations page. Mississippi law states that each automobile insurance policy must include UM insurance. The only way a policy doesn’t have this is if the policy holder rejected it in writing. However, this is not recommended, because this law is in place to help you in the case of an accident with an uninsured driver. If you knowingly or unknowingly rejected UM and UIM coverage, call your insurance agent and request to add it to your policy.
How a Lawyer Can Help
It is important to know that you might not be able to cover all losses and damages with your claim. A lawyer can help you determine your insurance rights, and help you recover all the compensation that you have a right to receive. Often times, you may need to file a lawsuit against the at-fault driver to seek the rest of the compensation you are owed.
If you or a loved one have been in a wreck with what you believe may be an uninsured or underinsured driver and have questions about your rights, call Burch Law Firm. Our goal is to help guide you and protect your rights and interests throughout this process.
Initial consultations with Burch Law Firm are always free. Whether you have a personal injury claim, a workers’ compensation claim, or even a wills and estate issue in Mississippi, we are here to help you. If your legal needs are not something we can handle, we will refer you to someone who can.
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The first settlement offer is often for a small amount and not the true value of your claim. The adjusters hope that you will accept a quick settlement because you need the money. This allows the insurance companies to save money and close out your claim. Before accepting a settlement offer and signing a release, it is important to consider what is in your best interest and whether you will need medical treatment or may miss time from work.
After a car accident, you can recover compensation for your medical bills and property damage from the liable driver and their insurance company. Typically, the full extent of your injuries is not known immediately after an accident and a quick settlement can prevent you from being fairly compensated. Once you sign a release and accept their offer, the insurance company is only obligated to pay the amount agreed to in the release. If your injuries require more treatment than initially expected, and you signed a release with the insurance company, you cannot go back to the negotiating table and ask for more money.
As an attorney, we often receive calls from people who accepted these quick settlements and signed a release with the insurance company, only to find out their medical costs are far more expensive, and the settlement does not cover the full amount. Once you sign the release with the insurance company, you are on your own to pay for any further treatment you may require.
Speak to an attorney before you accept any settlement offer. An attorney can advise you if you deserve more money and help you compile a strong case to recover what you deserve. It is 100% free to call our office and discuss your case.
Initial consultations with Burch Law Firm are free. Whether you have a personal injury claim, a workers’ compensation claim, or even a wills and estate issue, we are here to help you. If your legal needs are not something we can handle, we will refer you to someone who can.
CALL US TODAY AT (601)790-0175 TO SPEAK TO SOMEONE ABOUT YOUR CASE.
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Notify Your Insurance
Notify your insurance company about the accident, even if it is not your fault. The other driver’s insurance company may reach out to them, and it is better if your insurance company hears about the accident from you first.
Claim It From Storage As Soon As Possible
If your vehicle was towed to storage, claim it as soon as possible so that you will not have to pay a storage fee.
If You Have Full–Coverage Insurance (Collision and Property Coverage)
Call your insurance company and request that they come look at your vehicle, appraise the damage and pay you for your loss. If your insurance company tells you to call the other driver’s insurance company, explain that you have a claim against the other driver, but you want them to look at your car and pay you for your damage or replacement. Call us or your attorney if you encounter any problems.
If You DO NOT Have Full–Coverage Insurance
The things you do and say must be carefully considered after a car accident. The best thing you can do to protect yourself is to tell them to speak to your attorney and then hang up. However, if you are dealing with the insurance adjuster directly, limit your conversation to discussing property damage ONLY. The insurance adjuster may ask you to make a recorded statement and get you to say something that may damage your claim. DO NOT GIVE THEM A STATEMENT. If they are not helpful or ask for more information than the damage to your vehicle, call us and we will help you with this matter.
If Your Vehicle Is Totaled
The other driver’s insurance company is required to return your vehicle in the condition it was in before the accident, OR they will pay you up to the CURRENT VALUE of the vehicle. They will not pay off your loan if the loan is more than the current value of the vehicle. Usually, the insurance company will send the check to the lienholder if there is one for your vehicle. The insurance company will use the Blue Book value and other auto price guides to assess the current value of your vehicle.
Rental Or Loss of Use
The insurance company will pay rental costs, or a portion thereof. You may have to pay the difference. If you do not get a rental car, you are still entitled to loss of use. Limits on loss of use (for companies that do not provide rental coverage) is stated in the other driver’s policy. The insurance company will only pay what is permitted by the policy.
Initial consultations with Burch Law Firm are free. Whether you have a personal injury claim, a workers’ compensation claim, or even a wills and estate issue, we are here to help you. If your legal needs are not something we can handle, we will refer you to someone who can.
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Call the Police
If you are in an accident, always call the police so that you have documentation of the accident. Even if there are no apparent injuries or the wreck seems like a small one, you may need a police report to file an insurance claim. The officer can help assess the situation and collect vital information from the parties involved in the crash and any potential witnesses. They can send for a tow truck if any of the vehicles need one and they can send for an ambulance if someone is badly hurt.
Swap Information
It can be difficult to approach the person who caused your accident and injuries, but it is a necessary step to obtain their information after an accident. Get the other driver’s information, including who they are and what insurance company they use. Take a picture of their driver’s license and insurance card if possible, to verify you wrote down the correct information.
Take Pictures
Taking pictures after the accident can provide evidence for your case. Before moving your vehicle from the scene, safely take pictures showing the accident scene, including any tire marks, traffic signs or lights, and any signs of possible negligence.
Take pictures of your property damage, but also the damage to the other vehicle and the location of the damage. If you or any passengers in your vehicle suffered visible injuries, make sure to take pictures of those injuries.
Talk to Witnesses
If there are any witnesses to your accident, talk to them and see if they will provide a statement. Make sure to get the witness’ name and contact information, their written statement, and have them sign and date the statement. Witnesses can provide essential information if there is a dispute as to how the accident happened.
Seek Medical Treatment
If you suffered any injuries from the crash, you should get medical treatment as soon as possible. Sometimes, you may not feel any injuries immediately after, but it is important to see a doctor to properly diagnose and treat your conditions. The medical records and bills from your injuries are a vital piece of evidence for your claims.
Call a Lawyer
While not everyone needs to see a lawyer after a car accident, it can immensely help you case and situation. If you have questions, set up a free consultation and learn how you can benefit from their legal services. An attorney can help you file a claim with your insurance company or the at fault driver’s insurance company.
Notify Your Insurance
Notify your insurance company about the accident, even if it is not your fault. The other driver’s insurance company may reach out to them, and it is better if your insurance company hears about the accident from you first.
If the other driver’s insurance company contacts you, make sure you know your rights and do not provide a statement about your injuries or the accident without speaking to a lawyer first.
Initial consultations with Burch Law Firm are free. Whether you have a personal injury claim, a workers’ compensation claim, or even a wills and estate issue in Mississippi, we are here to help you. If your legal needs are not something we can handle, we will refer you to someone who can.
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Why is having a will important?
A will is a statement of a person’s wishes as to the disposition of his or her property, to take place or be performed after the person’s death. No matter the size of your estate or your wealth, someone will need to handle your financial affairs after you die, and it will be easier if there is a document spelling things out.
A will is especially important if you have children. Your will should name a guardian for any of your children under the age of 18. The guardian will become legally responsible for looking after your children. If you do not appoint a guardian, it will ultimately be left up to the courts to decide what is in the best interest for your children.
Other important estate planning documents
Besides having a will, you may want to decide whether you want a durable power of attorney and an advance healthcare directive. A durable power of attorney lets you choose someone to handle your business and financial affairs if you become incompetent or unable. An advance healthcare directive allows you to lay out your wishes, in advance, regarding potential healthcare decisions. Be sure to ask your attorney what options you have with the durable power of attorney and advance healthcare directive.
Review, update and organize your paperwork
When major life events happen, it is always a good time to review or update your will. Getting married, having a child, starting a new job, or buying a house can have an impact on your estate planning documents. Sometimes officials are hesitant to accept older forms, so updating your durable power of attorney and an advance healthcare directive every five years, even if its correct, can be helpful.
Keep your documents together in one place, so your family and loved ones can find them, and then tell your spouse or closet family member where that is. Scan all of your important documents to keep a digital copy. The best place to store your original will is in a fireproof box at your house or in your office, or with your lawyer. Some states seal safe-deposit boxes until the estate has been settled. If you choose to store your original will in your safe-deposit box, ask your bank, because it can make settling the estate more difficult without having the original will.
Initial consultations with Burch Law Firm are free. Whether you have a personal injury claim, a workers’ compensation claim, or even a wills and estate issue. And if your legal needs or claims are not something we can handle or we are unable to help with due to conflict, we will refer you to someone who can.
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The initial consultation is your opportunity to provide the attorney with a better understanding of your case, and what concerns or questions you have about your case. This meeting is about you, the prospective client, and being able to tell the attorney your story. You should be honest and provide the attorney with adequate information so that they can give you reliable advice. Generally, the attorney-client privilege applies to the initial consultation, but there are exceptions to which communications are not protected by the attorney-client privilege. This is designed to help people seek legal advice early and encourage them to provide the lawyer with the essential facts for proper representation of the potential client. You can always ask the attorney what exceptions there are to the rule to ensure that your communications remain confidential. The attorney-client privilege is for the benefit of the client and not the attorney.
What you should bring with you
You should bring with you all relevant documents or paperwork related to the matter you will be discussing with the attorney. This with further help the attorney determine the complexity of your case and the best way to proceed forward with your case. Any accident reports, medical records, pictures, emails and/or text messages, letters, legal documents (if you have any existing documents) should be shared with the attorney.
While not all of the documents or paperwork you bring to the consultation may be used or needed by the attorney in your case, it is always better to share with your attorney in the event those documents or paperwork are needed for your case.
The statute of limitations should be discussed
The statute of limitations is a law that sets the maximum amount of time a party has to initiate their legal proceedings. When you meet with an attorney during your initial consultation, you should always expect the attorney to discuss your case’s statute of limitations. This discussion usually starts with the attorney asking when the event you are meeting about occurred. Depending on the type of case you have, this may be a short discussion, or it may require providing the attorney with more information to properly determine when the statute of limitations may run.
The type of contract and fees should be discussed
Before you sign any retainer contract with an attorney to secure their representation, you should make sure that the type of contract and fees have been discussed. If you have a personal injury or a workers’ compensation claim, you will likely be signing a contingency fee contract. This means you do not owe the attorney any money up front and the attorney’s fees are based on reaching a successful settlement award or jury award. You may have a family law or criminal law matter, where the attorney asks for a retainer payment up front and bills by the hour on your case. There are also flat fee contracts, where an attorney only requires a set amount payment that covers their work for your case. So make sure you discuss the type of contract and fee before you sign any contract with an attorney.
Initial Consultations with Burch Law Firm are free. Whether you have a personal injury claim, a workers’ compensation claim, or even a wills and estate issue. And if your legal needs or claims are not something we can handle or we are unable to help with due to conflict, we will refer you to someone who can.
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