What states recognize common law marriage?

By HotBotUpdated: July 18, 2024

Answer

Understanding Common Law Marriage

Common law marriage is a legal framework in which a couple is considered legally married without having formally registered their relationship as a civil or religious marriage. This concept dates back to a time when formal marriages were inaccessible due to geographical or societal limitations. Today, the recognition of common law marriage varies significantly across the United States.

States that Recognize Common Law Marriage

Only a handful of states in the U.S. recognize common law marriage, each with its own specific requirements and nuances. Below is an overview of these states:

Colorado

In Colorado, common law marriage is recognized under specific conditions. Couples must:

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Live together
Mutually consent to be married
Present themselves publicly as a married couple

Colorado law does not specify a minimum period of cohabitation, focusing instead on the couple's intent and public representation.

Iowa

Iowa acknowledges common law marriages if the following criteria are met:

Both parties have the legal capacity to marry
The couple agrees to be married in the present tense
They publicly declare themselves to be married
They cohabit

Like Colorado, Iowa does not require a specific duration of cohabitation.

Kansas

Kansas recognizes common law marriages if the couple:

Is of legal age and has the capacity to marry
Mutually agrees to be married
Represents themselves as a married couple to the public

Kansas also does not require a minimum period of living together.

Montana

Montana's requirements for common law marriage include:

Both parties must be legally capable of marrying
The couple must mutually consent to the marriage
Their actions must reflect their intention to be married
They must cohabit and establish a reputation as a married couple

South Carolina

South Carolina recognizes common law marriage if:

Both parties have the legal capacity to marry
They intend to be married
They cohabit
They present themselves publicly as married

Texas

Texas has specific provisions for common law marriage, requiring that:

The couple agrees to be married
They live together as spouses
They represent themselves to others as being married

In Texas, the couple can also file a Declaration of Informal Marriage with the county clerk to formalize their common law marriage.

Utah

Utah’s recognition of common law marriage is unique. Couples must:

Be of legal age and capable of consenting
Live together
Mutually agree to be married
Represent themselves as a married couple

Additionally, Utah requires a court to validate the marriage for it to be legally recognized.

States with Limited or Conditional Recognition

Some states recognize common law marriages only under certain conditions or if the marriage was established before a specific date.

Alabama

Alabama recognized common law marriages established before January 1, 2017. Post this date, new common law marriages are not recognized, but existing ones continue to be valid.

Georgia

Georgia recognizes common law marriages that were established before January 1, 1997. Similar to Alabama, any common law marriage after this date is not recognized.

Idaho

Idaho does not generally recognize common law marriage but makes exceptions for marriages established before January 1, 1996.

Ohio

Ohio acknowledges common law marriages only if they were established before October 10, 1991.

Oklahoma

Oklahoma's recognition of common law marriage is complex and often debated. While there is no explicit statute, case law suggests that common law marriages may be recognized if they meet the usual criteria of mutual agreement, cohabitation, and public representation.

States that Do Not Recognize Common Law Marriage

Many states explicitly do not recognize common law marriages. These include:

Arizona
California
Florida
Illinois
Indiana
Michigan
New York
Nevada
North Carolina
Oregon
Pennsylvania (after January 1, 2005)
South Dakota
Virginia
Washington
Wyoming

These states require couples to formally register their marriage through civil or religious ceremonies to be legally recognized.

Recognition of Common Law Marriages Across State Lines

An interesting aspect of common law marriage is how it is treated when couples move between states. Generally, if a couple establishes a common law marriage in a state that recognizes such unions, other states will acknowledge the marriage based on the "Full Faith and Credit Clause" of the U.S. Constitution. This clause mandates that states honor the public acts, records, and judicial proceedings of every other state. However, complexities can arise, and couples may need to seek legal advice to ensure their marriage is recognized in a new state.

Navigating the Complexities of Common Law Marriage

Understanding common law marriage is crucial for couples to navigate their legal rights and responsibilities. While some states fully recognize these unions, others impose restrictions or do not recognize them at all. Couples must be aware of their state's laws and consider formalizing their marriage if they move to a state with different regulations.