Which States Recognize Common Law Marriage?

What Is Common Law Marriage?
Common law marriage is a type of marriage that is established without a formal ceremony or a marriage license. Instead, it is established by the couple's actions and intentions to be married. Common law marriage is recognized by some states in the United States, but not all states.
How Is Common Law Marriage Established?
Common law marriage is established by the couple's actions and intentions to be married. This can include:
- Living together as a married couple
- Using the same last name
- Filing joint tax returns
- Having joint bank accounts or credit cards
- Introducing each other as spouses
Which States Recognize Common Law Marriage?
As of 2021, the following states recognize common law marriage:
State | Requirements |
---|---|
Alabama | Couple must have capacity to enter into a marriage, must have mutual agreement to be married, and must hold themselves out as married |
Colorado | Couple must have mutual agreement to be married and must hold themselves out as married |
Georgia | Couple must have mutual agreement to be married and must hold themselves out as married |
Idaho | Couple must have capacity to enter into a marriage, must have mutual agreement to be married, and must hold themselves out as married |
Iowa | Couple must have capacity to enter into a marriage, must have mutual agreement to be married, and must hold themselves out as married |
Kansas | Couple must have capacity to enter into a marriage, must have mutual agreement to be married, and must hold themselves out as married |
Montana | Couple must have mutual agreement to be married and must hold themselves out as married |
New Hampshire | Couple must have mutual agreement to be married and must hold themselves out as married |
Oklahoma | Couple must have mutual agreement to be married and must hold themselves out as married |
Pennsylvania | Couple must have mutual agreement to be married and must hold themselves out as married |
Rhode Island | Couple must have mutual agreement to be married and must hold themselves out as married |
South Carolina | Couple must have mutual agreement to be married and must hold themselves out as married |
Texas | Couple must have capacity to enter into a marriage, must have mutual agreement to be married, and must hold themselves out as married |
Utah | Couple must have mutual agreement to be married and must hold themselves out as married |
What Are The Advantages Of Common Law Marriage?
One of the advantages of common law marriage is that it provides legal recognition of the relationship. This can be important for things like inheritance, social security benefits, and health care decisions. Additionally, common law marriage can be a simpler and more affordable way to get married, as it does not require a formal ceremony or a marriage license.
What Are The Disadvantages Of Common Law Marriage?
One of the disadvantages of common law marriage is that it can be difficult to prove. Without a marriage license or a formal ceremony, it can be hard to show that the couple intended to be married. Additionally, not all states recognize common law marriage, which can create legal complications if the couple moves to a state that does not recognize their relationship.
FAQ
1. Can You Get Divorced From A Common Law Marriage?
Yes, you can get divorced from a common law marriage. In order to do so, you will need to go through the same legal process as a traditional divorce, including dividing property and assets, determining child custody and support, and filing paperwork with the court.
2. Do You Need To Be Living Together To Have A Common Law Marriage?
In most states, you need to be living together in order to have a common law marriage. However, some states may recognize a common law marriage even if the couple does not live together.
3. Can You Get Married Without A Marriage License?
No, you cannot get married without a marriage license in most states in the United States. However, some states do recognize common law marriage, which does not require a marriage license.
4. Is Common Law Marriage Recognized In Canada?
No, common law marriage is not recognized in Canada. However, common law couples may have similar legal rights and obligations as married couples, depending on the province or territory in which they live.