In some states, couples can become legally married by living together for a
certain period of time and either holding themselves out to others as husband and wife
or intending to be married. These living relationships are called common-law marriages.
When a common-law marriage exists according to the law of the state in which the
couple resides, the spouses then receive the same legal treatment provided in the law
for married couples. Please see specific state for details and/or
differences.
ALABAMA
| ALASKA | ARIZONA | ARKANSAS
| CALIFORNIA | COLORADO
| CONNECTICUT | DELAWARE
| FLORIDA
GEORGIA | HAWAII | IDAHO
| ILLINOIS | INDIANA | IOWA
| KANSAS | KENTUCKY | LOUISIANA
| MAINE | MARYLAND
MASSACHUSETTS | MICHIGAN
| MINNESOTA | MISSISSIPPI
| MISSOURI | MONTANA | NEBRASKA
| NEVADA
NEW HAMPSHIRE | NEW
JERSEY | NEW MEXICO | NEW
YORK | NORTH CAROLINA | NORTH
DAKOTA | OHIO
OKLAHOMA | OREGON | PENNSYLVANIA
| RHODE ISLAND | SOUTH
CAROLINA | SOUTH DAKOTA | TENNESSEE
TEXAS | UTAH | VERMONT
| VIRGINIA | WASHINGTON
| WEST VIRGINIA | WISCONSIN
| WYOMING
ALABAMA
Common-law marriages are recognized in Alabama. A valid common-law marriage exists in Alabama when there is capacity to enter into a marriage, present
agreement or consent to be husband and wife, public recognition of the existence of the
marriage, and consummation. Consent to be treated as husband and wife is inferred
from cohabitation and public recognition.
ALASKA
Alaska statutes do not provide for a common-law marriage.
AS 25.05.011.
ARIZONA
Arizona does not recognize common-law marriages contracted within Arizona.
However, the courts will recognize the validity of a common-law marriage if it is valid
according to the law of the state where the parties lived prior to residing in Arizona.
ARS �25-111.
ARKANSAS
Arkansas law does not provide for a common-law marriage.
CALIFORNIA
California law does not recognize a common-law marriage within California.
However, common-law marriages legally created in another state, if valid under the laws
of that state, will be recognized as valid in California. Cal. Fam. Code Section 308.
COLORADO
Common-law marriage is recognized in Colorado. Once a common-law marriage
has occurred, it may be dissolved through only the statutory procedure for dissolution of
marriage.
CONNECTICUT
Connecticut law does not provide for a common-law marriage.
DELAWARE
Delaware law does not provide for a common-law marriage. 13 DCA �126. FLORIDA
Florida law does not recognize a common-law marriage. GEORGIA
Georgia law does recognize the validity of a common-law marriage. In order for a
common-law marriage to come into existence, the parties must be able to contract, must
agree to live together as man and wife, and must consummate the agreement.
GC �19-3-1. HAWAII
Hawaii law does not provide for a common-law marriage. HRS �572-1. IDAHO
Idaho law no longer provides for a common-law marriage. Prior to 1996, common-law marriages were recognized in Idaho. However, effective January 1, 1996,
consent of the parties by itself will not constitute a valid marriage. The parties must have
a license and follow the procedures required by Idaho statutes. The change in law does
not invalidate any marriage contract in effect prior to January 1, 1996, created by
consenting parties through a mutual assumption of marital rights, duties, or obligations.
IC �32-201. ILLINOIS
Illinois law does not provide for a common-law marriage. However, if the parties
reside in another state at the time of contracting a common-law marriage and it was valid
in that state, then such marriage will be considered valid if the parties then reside in
Illinois. 750 ILCS 5/214. INDIANA
Indiana law does not provide for a common-law marriage.
AIC �31-1-6-1. IOWA
Iowa recognizes common-law marriage, which is as valid as marriage under the
statutes. ICA Section 595.1. KANSAS
A common-law marriage is valid in Kansas.
KSA �23-101. KENTUCKY
Kentucky law does not provide for a common-law marriage. LOUISIANA
Louisiana law does not provide for a common-law marriage.
CC Art. 86. MAINE
Maine law does not provide for a common-law marriage.
19 MRSA �121. MARYLAND
Common-law marriages are not valid in Maryland, although Maryland courts will
recognize the validity of a common-law marriage if valid in the state where it was formed.
ACM �2-401. MASSACHUSETTS
Massachusetts law does not provide for a common-law marriage. MICHIGAN
Michigan law does not provide for a common-law marriage.
MCLA 551.2. MINNESOTA
Minnesota law does not provide for a common-law marriage. MISSISSIPPI
Mississippi law recognizes the validity of a common-law marriage. Mississippi law
requires parties to obtain a marriage license in accordance with the statutes. However,
the law also provides that no irregularity in the issuance of or omission in the license
shall invalidate any marriage, nor shall the law be construed so as to invalidate any
marriage that is good at common-law. MC 93-1-13. MISSOURI
Missouri law does not recognize the validity of a common-law marriage.
VAMS �451.040. MONTANA
A common-law marriage is valid in Montana. MCA 40-1-403. NEBRASKA
Nebraska law does not provide for a common-law marriage.
Reissued Revised Statutes 42-104. NEVADA
Nevada law does not provide for a common-law marriage.
NRS 122.010. NEW HAMPSHIRE
New Hampshire generally does not recognize the validity of common-law marriages. However, if a man and woman cohabit and acknowledge each other as
husband and wife, and are generally known to the public to be husband and wife for a
period of at least three years, they may be deemed to have been legally married, until
either dies. RSA 457:39. NEW JERSEY
New Jersey law does not provide for a common-law marriage. NEW MEXICO
New Mexico law does not provide for a common-law marriage. However, although New Mexico does not authorize common-law marriages, it will recognize such
marriages if they are valid in the jurisdiction where consummated.
�40-1-4 NMSA. NEW YORK
New York law does not provide for a common-law marriage, Domestic Relations
Law � 13. NORTH CAROLINA
North Carolina law does not provide for a common-law marriage.
GS �51-1. NORTH DAKOTA
North Dakota law does not provide for a common-law marriage.
NDCC �14-05-02. OHIO
Common-law marriages have been recognized as valid in the state of Ohio.
However, as of October 10, 1991, common-law marriages are prohibited in Ohio and a
marriage is valid only if the parties obtained a license and met the other requirements of
Ohio law. Common-law marriages that occurred in Ohio prior to the effective date of the
change, remain valid on and after the effective date of the amendment to the statute. To
be valid, common-law marriages must satisfy all the following requirements: 1) they
came into existence prior to October 10, 1991, the effective date of the amendment to
the statute, or they came into existence in another state or nation that recognizes the
validity of common-law marriage under the law of the state or nation; and 2) they have
not been terminated by death, divorce, dissolution of marriage, annulment, or other
judicial determination in Ohio or in any other state; and 3) the common-law marriage can
be proved by competent evidence of cohabitation of the parties and the parties holding
themselves out as husband and wife. ORC 3105.12. OKLAHOMA
Common-law marriages are valid under the law of Oklahoma.
43 Okl.St.Ann. �1. OREGON
Oregon law does not provide for a common-law marriage.
ORS 106.041. PENNSYLVANIA
Pennsylvania law recognizes the validity of common-law marriages. A valid
marriage will be found if there is sufficient evidence to prove that it was the intention of
the parties to enter into a marriage relationship. A common-law marriage is presumed to
exist where the parties have cohabited as husband and wife and have a general
reputation as husband and wife. Thus: 23 Pa.C.S.A. � 1103. RHODE ISLAND
Common-law marriages are valid under Rhode Island law.
GLRI 15-2-1. SOUTH CAROLINA
Common-law marriages are recognized as valid in South Carolina. SOUTH DAKOTA
South Dakota law does not provide for a common-law marriage. TENNESSEE
Tennessee law does not provide for a common-law marriage.
TCA �36-3-103. TEXAS
Texas law recognizes the validity of common-law marriage.
V.T.C.A., Family Code �2.01. UTAH
Utah law does recognize the validity of common-law marriage. Even if parties
have not obtained a marriage license and otherwise complied with the statutory
requirements for entering into a valid marriage, the parties may still be validly married
under Utah law if a court order establishes that the marriage relationship arose out of a
contract between two consenting parties who are capable of giving consent; are legally
capable of entering into a valid marriage under the provisions of Utah law; have
cohabited; mutually assumed marital rights, duties and obligations; and who hold
themselves out and have acquired a uniform and general reputation as husband and
wife. UCA 30-1-4.5. VERMONT
Vermont law does not provide for a common-law marriage. VIRGINIA
Virginia law does not provide for a common-law marriage.
CV �20-13. WASHINGTON
Washington law does not provide for a common-law marriage. WEST VIRGINIA
West Virginia law does not provide for a common-law marriage.
WV Code �48-1-5. WISCONSIN
Wisconsin law does not provide for a common-law marriage. WYOMING
Common-law marriages entered into in Wyoming are not valid.
W.S. 20-1-101. |
