What Are the Common Law Marriage States?

There are currently seven states and the District of Columbia that fully recognize common law marriage. Let’s look at what that means for couples in the United States. 

In a common law marriage—also known as an informal marriage—a couple who does not have a marriage license or certificate and never had a marriage ceremony can still meet specific state legal requirements to be considered legally wed. Some people may desire a common law marriage because of the legal rights it gives them. They may have been in a long-term relationship but do not wish to plan any formal or religious ceremony.

There are benefits to a common law marriage, but there are drawbacks to consider. If you live in a common law marriage state and are considering having your cohabitation arrangement recognized by the state, it's important to understand what is involved.

What states have common law marriage?

At present, 17 states recognize some form of common law marriage, or informal marriage. Seven states plus the District of Columbia fully recognize common law marriage. These are the common law marriage states. However, of the 17 that are partially common law marriage states, most of these simply acknowledge common law marriages that happened before the state stopped recognizing them.

States that fully recognize common law marriage

The states that fully recognize common law marriage and are considered common law marriage states are:

• Colorado
• District of Columbia
• Iowa
• Kansas
• Montana
• Oklahoma
• Rhode Island
• Texas

These states do not require a marriage certificate to prove a marriage exists. While these states currently recognize common law marriages fully, anyone interested in common law marriages should check the most up-to-date state law, as they are subject to change.

States with limited recognition of common law marriage

The following states partially recognize common law marriages as lawful marriages in a variety of specific circumstances. Most of these states were previously common law marriage states but have since abolished common law marriage, so their recognition dates are noted.

Alabama

If the common law marriage began before Jan. 1, 2017, the state of Alabama considers it a legally recognized marriage. There are no common law marriages recognized if they began after that date.

Florida

Any common law marriage created before Jan. 1, 1968, is recognized in Florida as a valid marriage. There can be no new common law marriages after that date.

Georgia

If created before Jan. 1, 1997, the common law marriage is recognized. Since that time, there have been no new recognized common law marriages in Georgia.

Idaho

Common law marriages that began before Jan. 1, 1996, are recognized.

Indiana

In the state of Indiana, any common law marriage that began before Jan. 1, 1958, is recognized.

New Hampshire

In New Hampshire, a form of common law marriage is recognized by law solely for inheritance purposes. If a cohabiting couple acknowledges one another as married and is viewed as such by their community for three years, they will be considered legally married until one dies.

Ohio

If created before Oct. 10, 1991, Ohio recognizes the common law marriage and considers the couple legally married. Ohio law reaffirms that it recognizes common law marriages entered into legally in other states, although this may be seen as redundant since the U.S. Constitution requires states to recognize marriages legally entered into in other states.

Pennsylvania

If created before Jan. 1, 2005, Pennsylvania recognizes a common law marriage, but not after that date.

South Carolina

If created before July 24, 2019, South Carolina recognizes the common law marriage. After that date, no more will be recognized.

Requirements for common law marriage

To have a relationship recognized as a common law marriage and not be required to obtain a marriage certificate, there are general requirements in each of the common law marriage states.

Legal capacity to be married

Both parties must be of legal age to marry and be considered of sound mind. While 18 is considered the legal age to marry without parental consent in most states, there are some exceptions.

• Colorado allows minors ages 16-17 to marry with judicial approval.
• Within the District of Columbia, children ages 16-17 may marry with parental permission.
• Iowa law allows exceptions with parental consent or court order for minors ages 16-17.
• Texas family code recognizes legal capacity for those 16-18 with parental consent or court order and age 14 with a court order.

Intent to be married

Both parties must intend to have a marriage recognized by the law.

Cohabitation

The parties must live together. In the District of Columbia, the parties must have lived together for a significant amount of time, although no specific period is specified. In Iowa, the law states "continuous cohabitation" and explains this means the consummation of the relationship.

Public representation as a married couple

In Colorado, Iowa, Rhode Island, and Texas, the law requires couples to present themselves publicly as spouses. Colorado more specifically requires that the couple publicly declare themselves married and that their community reputation reflects a belief they are married. In Rhode Island, there is a further requirement to refer to one another as husband and wife and make a public declaration of your intended marital status.

In Texas, one way to prove a common law marriage is to complete a Declaration and Registration of Informal Marriage, which serves as a common law marriage certificate. This is not a requirement, however, merely a helpful document for those seeking common law marriage in Texas.

What happens to our common law marriage if we move to a different state?

According to the Full Faith and Credit Clause of the U.S. Constitution, while the Constitution allows each state to maintain its own government, it also requires states to recognize marriages that have been legally established in other states. This is because they must provide "full faith and credit" to other states' records and judicial proceedings. So regardless of one state's common law marriage laws, if the other state has legally recognized the valid common law marriage, the new state of residence must recognize it.

For example, if a couple's common law marriage exists in Texas, but they move to Maryland, which is a state that requires a marriage license, the state would recognize them as legally married even though no common law marriage can be created in Maryland. Similarly, if you were to have a common law marriage legally recognized in Rhode Island, and then you and your common law spouse moved to New Mexico, the state of New Mexico is required by the Full Faith and Credit Clause to recognize your marriage as legal despite not having a marriage certificate.

If you are moving from one state to another and have a common law marriage recognized by the state where you are moving from, having the legal documentation to support your claim is essential when moving to a state that does not have a common law marriage. Consult with a legal professional before moving to make sure you have all of the documentation necessary to have your common law marriage recognized in your new state of residence.

Ending a common law marriage

Because common law marriages are recognized as legal marriages, the process of ending the relationship is the same: There is no difference between conventional divorce and common law divorce. Divorcing couples in a common law marriage will need to divide their assets and property, discuss any spousal support or child support, and address any child custody issues if applicable.

Prenuptial agreements may also be obtained for common law marriages, and their value is analogous to any prenuptial agreement entered into before a conventional marriage takes place.

FAQs about common law marriage

Here are some frequently asked questions regarding common law marriage.

What are the benefits of common law marriage?

Common law marriages offer several benefits including legal recognition of your relationship, insurance benefits, the ability to file a joint tax return, and inheritance benefits should one spouse die.

Can you get a prenup with a common law marriage?

Yes, a prenuptial agreement is available for anyone seeking a common law marriage in the same way a prenuptial agreement is available to those who are entering into normal marriages. An attorney can advise you on how to create a prenuptial agreement.

Does living together for a certain number of years create a common law marriage?

In the states where common law marriage is recognized, there is a cohabitation requirement, but no time frame is required. Some states also require couples to present publicly as spouses, and have the community view the couple as spouses. Therefore, no, merely living together does not create a common law marriage.

How do you dissolve a common law marriage?

You dissolve a common law marriage in the same way you would dissolve a standard one: divorce. You will need an attorney to initiate proceedings.

Can same-sex couples get a common law marriage?

Yes. In the United States, same-sex marriages may not be banned by any state since the Supreme Court upheld the Obergfell v. Hodges ruling, which affirmed the right of same-sex marriage under the Fourteenth Amendment. In those states that recognize common law marriages, same-sex couples are afforded the same common law marriage rights as mixed-sex couples.

Common law marriage is legal in seven states as well as the District of Columbia, with several other states recognizing common law marriages that were established before certain dates. Common law marriage has several advantages for couples who do not wish to seek a formal marriage. Consult with legal representation for the most up-to-date and relevant information regarding common law marriage.