Common law marriage is a legal concept that recognizes a couple as married, even without a formal marriage ceremony or marriage license. In states where common law marriage is recognized, couples who meet specific criteria can have the same legal rights and responsibilities as traditionally married couples. However, it is essential to understand that the requirements for common law marriage vary from state to state. This article explores the concept of common law marriage, the criteria for its recognition, and the states in the United States that currently recognize this unique form of marriage.
Understanding Common Law Marriage
Common law marriage is a legal doctrine that dates back to the English legal system and has been adopted in various forms by some states in the United States. The concept acknowledges a marital relationship between two individuals who have cohabitated for a significant period, conducted themselves as a married couple, and intended to be married without going through a formal marriage ceremony or obtaining a marriage license.
Criteria for Common Law Marriage
While the criteria for establishing a common law marriage vary among states, certain common elements are typically considered:
a. Cohabitation: The couple must have lived together in the same residence for a specific duration, which varies by state.
b. Intent: Both partners must have the intention to be married and present themselves as a married couple to friends, family, and the community.
c. Holding Out: The couple must “hold themselves out” as married, which means they refer to each other as spouses, file joint tax returns, or share finances jointly.
d. Consistency: The behavior and actions of the couple should be consistent with those of a legally married couple.
States with Common Law Marriage
As of the time of this article’s publication, the following states recognize common law marriage:
a. Colorado: Common law marriage is recognized if the couple mutually agrees to be married and lives together as a married couple.
b. Iowa: Couples can establish common law marriage by presenting themselves as married and having the intent to be married.
c. Kansas: Common law marriage is recognized if the couple is of legal age, mutually agrees to be married, and publicly presents themselves as married.
d. Montana: Couples can establish common law marriage if they cohabitate, mutually consent to be married, and have a reputation in the community as a married couple.
e. New Hampshire: Common law marriage is recognized if the couple presents themselves as married and cohabitates.
f. South Carolina: Couples can establish common law marriage if they have a present intent to be married, hold themselves out as married, and cohabitate.
g. Texas: Common law marriage is recognized if the couple agrees to be married, lives together, and presents themselves as married.
It is essential to note that common law marriages established in these states may also be recognized in other states that do not have common law marriage statutes, provided the requirements were met while the couple resided in a state where common law marriage is valid.
States That No Longer Recognize Common Law Marriage
While the above states currently recognize common law marriage, several states have abolished the recognition of new common law marriages. However, existing common law marriages established before the change in the law are still recognized. These states include:
a. Georgia: Common law marriage was abolished for unions formed after January 1, 1997.
b. Idaho: Common law marriage was abolished for unions formed after January 1, 1996.
c. Ohio: Common law marriage was abolished for unions formed after October 10, 1991.
d. Oklahoma: Common law marriage was abolished for unions formed after November 1, 1998.
e. Pennsylvania: Common law marriage was abolished for unions formed after January 1, 2005.
f. Rhode Island: Common law marriage was abolished for unions formed after January 1, 1901.
Recognition of Common Law Marriage
It is essential to understand that not all states automatically recognize common law marriages from other states. However, most states have a principle known as “full faith and credit,” which means that they will recognize a valid common law marriage established in another state if it meets that state’s criteria for a legally recognized marriage.
Conclusion
Common law marriage is a legal concept recognized in several states in the United States. Couples who meet specific criteria related to cohabitation, intent, and holding out as married can enjoy the legal rights and responsibilities of traditional marriage. However, it is essential to remember that the requirements for common law marriage vary by state. Couples interested in establishing a common law marriage or seeking recognition of an existing common law marriage should seek legal advice and understand the specific laws in their state. As with any legal matter, consulting with a qualified legal professional is essential to ensure a clear understanding of the applicable laws and requirements regarding common law marriage in a particular state.