Common law marriage, also known as informal marriage or marriage by habit and repute, is a type of marital union recognized in certain jurisdictions without the need for a formal ceremony or marriage license. In these states, couples can be considered legally married if they meet specific criteria, such as cohabitation and presenting themselves as married to society. However, common law marriage laws vary across different states in the United States, and not all states recognize this type of marriage. In this article, we will explore the concept of common law marriage, the criteria for its recognition, and a comprehensive overview of the states that currently allow or have historically allowed common law marriages.
Understanding Common Law Marriage:
Common law marriage is a legal concept that allows couples to be recognized as married without obtaining a formal marriage license or participating in a religious or civil ceremony. Instead, the marriage is established based on the couple’s mutual agreement to be married and their actions that show they consider themselves to be married. The key criteria typically include:
a. Cohabitation: The couple must live together and share a residence as if they were married.
b. Intent to Marry: Both parties must have the intention to be married and present themselves to society as a married couple.
c. Holding Out: The couple must be regarded by friends, family, and the community as a married couple.
States Allowing Common Law Marriage:
As of the writing of this article, the following states recognize common law marriage:
a. Colorado: Couples in Colorado can establish a common law marriage if they meet the criteria of cohabitation, mutual consent, and holding themselves out as married.
b. Iowa: Iowa allows common law marriages if the couple meets specific requirements, including continuous cohabitation and mutual consent.
c. Kansas: Kansas recognizes common law marriages if the couple is of legal age, mutually consents to be married, and openly presents themselves as married.
d. Montana: Montana recognizes common law marriages that meet the criteria of cohabitation, mutual consent, and public representation.
e. New Hampshire: In New Hampshire, common law marriages can be established if the couple meets the necessary criteria.
f. Oklahoma: Oklahoma recognizes common law marriages if the couple is competent to marry, cohabits, and presents themselves as married.
g. Rhode Island: Rhode Island allows common law marriages if the couple fulfills the necessary requirements.
h. South Carolina: Couples in South Carolina can establish a common law marriage if they meet the state’s criteria, including cohabitation and mutual intent.
i. Texas: Texas recognizes common law marriages if the couple meets specific criteria, including cohabitation, agreement to be married, and representation as a married couple.
States with Historical Recognition:
While some states no longer allow new common law marriages, they may still recognize common law marriages that were validly established before certain dates. These states include:
a. Alabama: Alabama recognized common law marriages established before January 1, 2017.
b. Georgia: Georgia recognized common law marriages established before January 1, 1997.
c. Idaho: Idaho recognized common law marriages established before January 1, 1996.
d. Ohio: Ohio recognized common law marriages established before October 10, 1991.
e. Pennsylvania: Pennsylvania recognized common law marriages established before January 1, 2005.
f. Oklahoma: Oklahoma recognized common law marriages established before November 1, 1998.
States No Longer Recognizing Common Law Marriage:
Several states have abolished the recognition of new common law marriages altogether. These states include:
a. Delaware: Delaware no longer allows new common law marriages.
b. Florida: Florida no longer allows new common law marriages.
c. Indiana: Indiana no longer allows new common law marriages.
d. New Jersey: New Jersey no longer allows new common law marriages.
e. Pennsylvania: Pennsylvania no longer allows new common law marriages.
f. Washington, D.C.: Washington, D.C., no longer allows new common law marriages.
Proof of Common Law Marriage:
In states that recognize common law marriage, couples may be required to provide evidence of their marriage. This can include joint bank accounts, shared property ownership, shared utilities, joint tax filings, and testimony from friends and family confirming their marital status.
Conclusion:
Common law marriage is a legal recognition of marriage without the need for a formal ceremony or marriage license. While it is recognized in several states, the criteria for establishing a common law marriage may vary. Couples considering common law marriage should be aware of their state’s specific requirements to ensure they meet the necessary criteria for recognition. Understanding the laws and requirements surrounding common law marriage is crucial for couples seeking this type of marital union in the United States.