Common law marriage is a legal concept that recognizes a couple as married without a formal marriage ceremony or a marriage license. The recognition of common law marriage varies among states in the United States, with some states acknowledging this type of union and others not. Understanding which states recognize common law marriage is crucial for couples who choose this alternative route to marriage. This article provides an overview of common law marriage, the criteria for its recognition, and lists the states in the United States where common law marriage is currently acknowledged.
Understanding Common Law Marriage
Common law marriage, also known as informal marriage, is a legal arrangement where a couple is considered married without obtaining a marriage license or participating in a formal marriage ceremony. Historically, common law marriage evolved from English legal traditions, and its recognition varies among states in the U.S.
Criteria for Common Law Marriage
The criteria for establishing a common law marriage vary from state to state. However, certain key elements are generally considered:
a. Cohabitation: The couple must live together and cohabitate for a certain period, which varies depending on the state.
b. Intent: Both partners must intend to be married and hold themselves out to the community as a married couple.
c. Holding Out: The couple must “hold themselves out” as married by using the same last name, referring to each other as spouses, or filing joint tax returns.
d. Consistency: Their behavior and actions should be consistent with that 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.
States That No Longer Recognize Common Law Marriage
While some states currently recognize common law marriage, several states have abolished its recognition for unions formed after specific dates. Existing common law marriages established before the change in the law are still recognized. States that no longer recognize new common law marriages 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’s important to note 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 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 arrangement recognized in specific states within the United States. Couples who meet certain criteria related to cohabitation, intent, and holding out as married can enjoy the legal rights and responsibilities of traditional marriage without a formal marriage ceremony or license. As the criteria for common law marriage varies by state, couples interested in establishing a common law marriage or seeking recognition of an existing common law marriage should seek legal advice and be aware of the specific laws in their state. Understanding the status of common law marriage in each state is vital for couples considering this alternative approach to marriage. It is recommended to consult with a qualified legal professional to ensure a clear understanding of the applicable laws and requirements regarding common law marriage in a particular state.