Family Law FAQs

Common Law Marriage States

Common Law Marriage States

Under the common law marriage doctrine, you are considered legally married, despite not having a marriage license, a ceremony, or a marriage certificate, if you meet specific requirements listed in the statutes of the jurisdiction where you live. The benefits of common law marriage include the right to inherit upon the death of one spouse and the right to spousal support and an equitable division of property should the marriage terminate. The jurisdictions that recognize common law marriage and the requirements of each are listed below. In addition, various other states will recognize a common law marriage if it was valid in one of these states and meets these requirements, even though those states do not themselves have statutes providing for common law marriages.

Alabama. In this state, the parties must agree to be husband and wife, they must have the mental capacity to enter into and understand such an agreement, and they must consummate the marital relationship.

Colorado. In order for a common law marriage to exist in Colorado, the relationship must be proven by the cohabitation of the common law spouses and their reputation for being married.

District of Columbia. In the District, a common law marriage is established by the parties' explicit intent to be married and by their cohabitation.

Georgia. Georgia does not recognize common-law marriages entered into after January 1, 1997. Prior to 1997, nonmarital living arrangements, which were afforded few specific rights or duties under Georgia law, could evolve into common-law marriages to which rights and duties attached given the requisite elements. Valid common-law marriages entered into prior to January 1, 1997, continue to be recognized.

Idaho. In Idaho, a common law marriage arises when the parties consent to the marriage and assume marital rights, duties, and obligations. Consent must be followed by a solemnization, or by a mutual assumption of marital rights, duties or obligations.

Iowa. A common law marriage is established in Iowa by the parties' intent and agreement to be married, their continuous cohabitation, and their public declarations that they are husband and wife.

Kansas. In Kansas, the man and woman must have the mental capacity to marry, they must agree to be married at the present time, and they must represent to the public that they are married in order for a common law marriage to exist.

Montana. In Montana, the parties must have the capacity to consent to marriage, they must agree to be married, they must cohabitate, and they must have a reputation of being married.

New Hampshire. Common law marriages are recognized in New Hampshire for inheritance purposes only. This state recognizes common law marriages only upon the death of one of the spouses.

Oklahoma. The parties must be competent, agree to enter into a marriage relationship, and cohabitate in order to be considered as having a common law marriage.

Pennsylvania. A common law marriage is established in Pennsylvania by the exchanging of words between a man and a woman indicating an intent to be married at the present time.

Rhode Island. In Rhode Island, a common law marriage exists if a man and woman have a serious intent to be married and engage in conduct that leads to a reasonable belief by others in the community that they are married.

South Carolina. In this state, if a man and woman intend for others to believe they are married, a common law marriage may be established.

Texas. If a man and woman in Texas sign a form provided by the county clerk, agree to be married, cohabitate, and represent to others that they are married, a common law marriage exists.

Utah. In Utah, a common law marriage is established if the man and woman are capable of giving consent and getting married, if they cohabitate, and if they have a reputation of being husband and wife.

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