MovieChat Forums > General Discussion > The "common law marriage" trope

The "common law marriage" trope

posted 24 days ago by stevewyzard (1583)
6 replies | jump to latest

It happens all the time in movies and TV shows. A character either a) is about to get married, or b) has just received an inheritance. Suddenly an "ex" from "long ago" shows up and claims their past relationship was "common law marriage", so the original character now a) can't get married (and has usually offended their fiance/e), or b) must fork over some of their inheritance. Lawyers become involved, obstacles are overcome, and usually a happy ending results.

Here's the funny part: if you do even the simplest research on the reality of "common law marriage", you will find that while it was a real thing in the 19th century, the laws were quietly removed from the books, mostly between the 1930s and the 1950s. And yet to this day, you still hear people talk about "common law marriage" as if it's so obvious and normal that everyone "knows" about it. My guess would be that saying "common law marriage" just sounds a lot more formal/official/eloquent than "living together".

So why do lazy screenwriters keep coming back to this trope? I realize that introducing conflict and setting up obstacles is the easiest way to draw out a plot, and viewers enjoy seeing their favorite characters triumphing over adversity. But I remain mystified about why this fascination with "common law marriage" still exists in the 21st century. Even taking for granted that different municipalities/states/countries have different rules, is "real" marriage now seen as so cumbersome/burdensome that "common law marriage" is made out to be an adventurous way to circumnavigate "real" marriage? Or do people just want to enjoy the powers and privileges of marriage without the commitment (legal and otherwise) of marriage?

(My apologies if you feel this belongs on the Politics board - I wasn't sure.)

[–] SOteric (156) 21 days ago

You usually see this trope in one of three places:

1) soap operas,
2) Hallmark Channel movies, and
3) rock star biographies.

When it comes along (and unfortunately, it always does), just laugh and ignore it!

[–] Mrmojo4700 (21452) 20 days ago

I seem to remember it being used in The Three Stooges from time to time. :)

[–] nyctc7 (43590) 21 days ago

Common-law marriage exists in seven U.S. states. The term "common law marriage" is often used colloquially or by the media to refer to cohabiting couples, which can create confusion.

It's important to note that in the States that recognize it, it is not automatic, and can be difficult to prove, particularly if one of the two has passed away. Merely living together as a couple is not enough.

But yes, it does bother me when the term gets thrown around be people who should know better, such as newspapers.

[–] KiwiJim (1176) 20 days ago

This doesn’t belong in politics Steve it was an interesting read. Yeah I have heard it several times but never gave it much thought. Being a sth hemisphere dweller I assumed it was just legit.

nytc7’s reply gives it some context too. I’m learning things today 🤓

[–] stevewyzard (1583) 20 days ago

MovieChat = educational!

[–] howgamer (3927) 20 days ago

It still exists in some states so it is a thing, though not very common (haha see what I did there), and difficult to prove.

Screenwriters sometimes need to stretch things to create conflicts or drama, AKA bad writing.