Common Law Marriage in the U.S: Which States Recognize It?

323

Common law marriage, also known as informal marriage or marriage by habit and repute, is a legal concept that allows couples to be recognized as married even without obtaining a marriage license or participating in a formal wedding ceremony. While common law marriage laws can vary from state to state, it is important for couples to understand whether they live in a state that recognizes this type of union.

This article will explore which states recognize common law marriage, the requirements for establishing a common law marriage, and the benefits and drawbacks of choosing this type of union.

States That Recognize Common Law Marriage

The following states currently recognize common law marriage:

1. Alabama
2. Colorado
3. District of Columbia
4. Georgia (if created prior to January 1, 1997)
5. Idaho (if created prior to January 1, 1996)
6. Iowa
7. Kansas
8. Montana
9. New Hampshire (for inheritance purposes only)
10. Ohio (if created prior to October 10, 1991)
11. Oklahoma
12. Pennsylvania (if created prior to January 1, 2005)
13. Rhode Island
14. South Carolina
15. Texas
16. Utah

It is worth noting that while some states do not recognize common law marriage, they may still honor such unions if they were established in a state where it is recognized.

Requirements for Establishing Common Law Marriage

To establish a common law marriage, the following requirements generally must be met:

1. Both parties must have the legal capacity to marry (i.e., they must not already be married or closely related).
2. The couple must hold themselves out as being married. This means that they present themselves to others as a married couple and act as though they are married.
3. The couple must have an agreement to be married, which can be implicit or explicit.

It is important to note that simply living together for a certain amount of time does not automatically create a common law marriage.

Benefits and Drawbacks of Common Law Marriage

Benefits:

1. Legal recognition: Couples in common law marriages are legally recognized as married, which can provide them with a range of legal benefits, including inheritance rights, insurance coverage, and the ability to make medical decisions for one another.
2. No formal ceremony required: Unlike traditional marriages, couples entering into a common law marriage do not need to have a formal wedding ceremony or obtain a marriage license.
3. Flexibility: Common law marriage can provide greater flexibility than traditional marriage, allowing couples to live together and share their lives without the formalities and obligations that often accompany traditional marriage.
4. Cost-effective: Common law marriage is often less expensive than traditional marriage, as there are no costs associated with a formal ceremony or obtaining a marriage license.

Drawbacks:

1. Limited availability: Common law marriage is only available in a limited number of states within the United States, meaning that not all couples have the option to enter into this type of marriage.
2. Lack of clarity: Because common law marriage does not require a formal ceremony or paperwork, it can sometimes be difficult to determine whether a couple is actually in a legally recognized marriage, which can lead to disputes over property and other issues.
3. Limited legal protections: While common law marriage offers some legal protections, it does not provide the same level of protection as traditional marriage, particularly when it comes to divorce and property division.
4. Inconsistent treatment: Different states have different rules regarding common law marriage, so couples who move from one state to another may find that their legal status changes, which can lead to confusion and legal complications.

Addressing Common Misconceptions

There are several common misconceptions surrounding common law marriage that are important to address:

1.Living together for a certain amount of time automatically creates a common law marriage.

As mentioned earlier, simply living together for a certain period of time does not create a common law marriage. The couple must also meet the other requirements outlined by their state’s laws.

2.Common law marriage is only recognized if the couple has been together for a certain number of years.

While some states do have a minimum time requirement (e.g., seven years in Colorado), others do not. It is important to check the laws in your state to determine if there is a specific time requirement.

3.You can’t get out of a common law marriage without going to court.

While some states do require a court order to dissolve a common law marriage, others allow couples to end the marriage simply by separating and no longer presenting themselves as married. Again, it is important to check the laws in your state to understand the process for ending a common law marriage.

Conclusion

Overall, common law marriage can be a viable option for couples who prefer not to have a traditional wedding or obtain a marriage license. However, it is important to carefully consider the legal implications before entering into this type of union. By understanding the requirements and potential drawbacks of common law marriage, couples can make an informed decision about whether it is the best choice for them. And while common law marriage may not be recognized in every state, it is still valuable to know the laws and regulations surrounding it in case it becomes relevant in the future.

Related Topics:

• The Legal Marriage in the U.S: A Historical Overview
• Oklahoma Stop Recognizing Common Law Marriage: You Need to Know
• Common Law Marriage in the US: You Need to Know