Common Law Marriage States

Table of Contents

Common law marriage is a type of marriage in which a couple lives together for a certain period of time and presents themselves as married without a formal marriage license or ceremony. In the United States, not all states recognize common law marriage, and the rules for establishing it vary from state to state.

States that Recognize Common Law Marriage

 the following states recognize common law marriage:

• Alabama
• Colorado
• Georgia (if created before January 1, 1997)
• Idaho (if created before January 1, 1996)
• Iowa
• Kansas
• Montana
• New Hampshire (for inheritance purposes only)
• Oklahoma
• Pennsylvania (if created before January 1, 2005)
• Rhode Island
• South Carolina
• Texas
• Utah

Requirements for Common Law Marriage

The requirements for establishing a common law marriage vary from state to state. However, there are some general guidelines that most states follow:

• The couple must live together for a certain period of time (usually several years).
• The couple must hold themselves out as married and present themselves as a married couple to the community.
• The couple must have the intent to be married.

Advantages and Disadvantages of Common Law Marriage

There are both advantages and disadvantages to entering into a common law marriage:

Advantages:

• No need for a formal ceremony or marriage license.
• May have the same legal rights and benefits as traditional marriages.
• May be more flexible than traditional marriages.

Disadvantages:

• May be difficult to prove the existence of the marriage.
• May not be recognized in all states.
• May not provide the same legal protections as traditional marriages.

FAQs

Q: What is the difference between common law marriage and traditional marriage?

A: The main difference is that common law marriage does not require a formal marriage license or ceremony, while traditional marriage does.

Q: How long do you have to live together to establish a common law marriage?

A: The time period varies from state to state, but it is usually several years.

Q: Can you get a divorce if you are in a common law marriage?

A: Yes, you can get a divorce if you are in a common law marriage. The process is similar to getting a divorce in a traditional marriage.

Q: Can you have a common law marriage if you are already legally married?

A: No, you cannot have a common law marriage if you are already legally married. Common law marriage is only recognized if there is no existing legal marriage.