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There are three elements that are needed to prove the existence of a common law marriage in Iowa:

  • there must be substantial evidence of a present intent and agreement to be married
  • continuous cohabitation
  • a public declaration that the parties are husband and wife (same applies to same sex couples)

Whether a legally recognized common law marriage exists is subject to interpretation of those three factors by the trial court. There is no statutory period that must exist. A common law marriage cannot be created by time unless the three elements highlighted above are present.

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7y ago

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