What States Have Common Law Marriage?
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What is Common Law Marriage?
Common law marriage is when two individuals live together and present themselves as a married couple but have not obtained a marriage license or had a formal wedding ceremony. This type of marriage is recognized in some states in the United States, and the requirements for it vary depending on the state.
States that Recognize Common Law Marriage
As of 2021, the following states recognize common law marriage:
| State | Requirements |
|---|---|
| Alabama | The couple must have the capacity to enter into a marriage, agree to be married, and present themselves as a married couple. |
| Colorado | The couple must have lived together for a certain period of time and have agreed to be married. |
| Georgia | The couple must have lived together for a certain period of time and have agreed to be married. |
| Idaho | The couple must have lived together for a certain period of time and have agreed to be married. |
| Iowa | The couple must have lived together for a certain period of time and have agreed to be married. |
| Kansas | The couple must have lived together for a certain period of time and have agreed to be married. |
| Montana | The couple must have lived together for a certain period of time and have agreed to be married. |
| New Hampshire | The couple must have lived together for a certain period of time and have presented themselves as a married couple. |
| Oklahoma | The couple must have lived together for a certain period of time and have agreed to be married. |
| Pennsylvania | The couple must have lived together for a certain period of time and have presented themselves as a married couple. |
| Rhode Island | The couple must have lived together for a certain period of time and have presented themselves as a married couple. |
| South Carolina | The couple must have lived together for a certain period of time and have presented themselves as a married couple. |
| Texas | The couple must have lived together for a certain period of time and have agreed to be married. |
| Utah | The couple must have lived together for a certain period of time and have agreed to be married. |
Requirements for Common Law Marriage
The requirements for common law marriage vary depending on the state. However, there are some common requirements that apply to most states:
- The couple must have the capacity to enter into a marriage.
- The couple must have agreed to be married.
- The couple must have lived together for a certain period of time.
- The couple must have presented themselves as a married couple.
Advantages and Disadvantages of Common Law Marriage
There are both advantages and disadvantages of common law marriage:
Advantages
- Legal recognition of the relationship and the rights that come with it, such as inheritance and property rights.
- No need to obtain a marriage license or have a formal wedding ceremony.
- Less expensive than a traditional marriage.
Disadvantages
- No legal recognition in some states.
- No automatic right to spousal support or alimony in the event of a breakup.
- No automatic right to make medical decisions for your partner in the event of an emergency.
FAQs
1. Do all states recognize common law marriage?
No, not all states recognize common law marriage. As of 2021, only 15 states recognize common law marriage.
2. How long do you need to live together to be considered common law married?
The length of time required to be considered common law married varies depending on the state. In some states, it can be as little as six months, while in others, it can be several years.
3. Can you get a divorce if you are common law married?
Yes, you can get a divorce if you are common law married. The process is similar to that of a traditional divorce, and you will need to divide property and assets, determine custody and visitation if you have children, and more.
4. Can you be common law married if you live in separate states?
No, you cannot be common law married if you live in separate states. You must live together in the same state for a certain period of time to be considered common law married.
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