Cecily Zamora
Common-law marriage is only recognized in 7 US states and Washington, DC. DC has authorized common-law marriage for many decades, and there are two ways to establish it. Firstly, if a couple has entered into a common-law marriage in a state where it is recognized, they can move to DC and have their marriage recognized there. Secondly, a couple can establish a new common-law marriage in DC, which requires a mutual and express agreement to be married and to act accordingly. This includes cohabitation and the capacity to be married, meaning the individuals are old enough, are not closely related, and are not already married.
| Characteristics | Values |
|---|---|
| Number of states recognizing common law marriage | 7, including DC |
| Age requirement | 18+ |
| Requirements | Mutual agreement to be married, intent to be married, cohabitation, capacity to be married |
| Verification | Declaration of informal marriage |
| Recognition outside of DC | Yes, due to the Full Faith and Credit Clause of the US Constitution |
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What You'll Learn
Mutual intent to be married
To demonstrate mutual intent, couples can refer to each other as "husband," "wife," or "spouse" in conversations and when introducing themselves to others. They may also file taxes jointly, name each other as beneficiaries in legal documents, or jointly purchase property or open bank accounts. These actions indicate that the couple intends to be married and is presenting themselves as such to the public.
It is important to note that platonic relationships, even those involving cohabitation and shared finances, do not qualify as common-law marriages. The relationship must be founded on romantic love, and both parties must have the capacity to marry, meaning they are of legal age, not closely related, and not currently married to anyone else.
While D.C. recognizes common-law marriages, it scrutinizes claims carefully to prevent "accidental" marriages. Couples can further solidify their mutual intent by registering a "declaration of informal marriage" in the county where they reside. This declaration, along with their consistent behaviour, can help prove the existence of a common-law marriage in D.C.
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Capacity to be married
To establish a common-law marriage in Washington, D.C., you and your spouse must have the capacity, or ability, to be married to each other. This means that you must be old enough to marry, not be closely related, and be physically and mentally able to commit to the marriage.
In D.C., you must be at least 18 years old to be in a common-law marriage. If you are under the age of 18, even if you meet all the other requirements, a common-law marriage cannot exist.
You must also not be closely related to your spouse. While the degree of relation varies by jurisdiction, marriage between close relatives is prohibited in most places.
Additionally, you must be physically and mentally able to commit to the marriage. This means that you must be of sound mind and body and not be impaired by drugs or alcohol when entering into the marriage.
Finally, you must not be currently married to someone else. To have the capacity to marry under common law, you must be free of any other legal marriages. This means that if you are already married, either through a traditional ceremony or common law, you cannot enter into a common-law marriage with a new partner until the previous marriage is legally terminated through divorce, annulment, or the death of your spouse.
It is important to note that while D.C. recognizes common-law marriages, most other jurisdictions do not. If you are planning to move away from D.C., it is advisable to consult an experienced family law attorney to understand how your common-law marriage may be affected.
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Cohabitation
To avoid any unintended legal consequences, couples can enter into a cohabitation agreement. This can explicitly state that no common-law marriage is intended and can outline the division of assets and property in the event of a breakup. It can also cover financial decisions, such as how money will be managed, who will pay household bills, and what types of joint accounts will be held.
In Washington, D.C., a common-law marriage is established when a couple shares a mutual and express agreement to be married and explicitly intends to be married and act as spouses. This can be verified by the couple making and registering a "declaration of informal marriage" in the county in which they reside. However, it is important to note that simply living together does not establish a common-law marriage. The couple must also be able to marry, meaning they are old enough, not closely related, physically and mentally able to commit, and not already married to someone else.
While D.C. recognizes common-law marriages, there is no such thing as a "common-law divorce." A common-law marriage can only be ended through death, divorce, or annulment.
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Recognition in other states
As per the Full Faith and Credit Clause of the United States Constitution, all American states and the District of Columbia are required to recognize each other's marriages, including common-law marriages, and give them full legal force and effect. This means that if a couple has a legally binding common-law marriage in a state that permits it, such as Kansas, they can later move to another state, including DC, and avail themselves of the marriage laws of that state, including divorce and alimony.
For example, if a couple has a valid common-law marriage in Kansas, they can move to DC and be recognized as legally married there, even though DC does not have a statutory framework for establishing common-law marriages within its borders. This is because DC recognizes common-law marriages formed in other states, as required by the Full Faith and Credit Clause.
It is important to note that not all states recognize common-law marriages formed within their own borders. For example, South Dakota does not recognize common-law marriages established within its borders, but it does recognize those formed in other states where common-law marriage is legal. This means that a couple with a valid common-law marriage from another state can move to South Dakota and have their marriage recognized, but a couple attempting to establish a common-law marriage while residing in South Dakota would not be successful.
The recognition of common-law marriages can be complex, and the specific laws and requirements may vary from state to state. Therefore, it is always advisable to seek legal advice or refer to the specific laws and requirements of the relevant state when dealing with common-law marriage recognition across state lines.
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Verification
The couple must cohabit or live together, but simply sharing a residence is insufficient to establish a common-law marriage. The critical aspect is the mutual intent to be married. Both individuals must explicitly intend to be married and act in accordance with this intention. This means holding themselves out or conducting themselves in public as a married couple, such as referring to each other as "husband" or "wife," and being recognised as such by their community.
To further verify a common-law marriage, the couple can make and register a "declaration of informal marriage" in the county where they reside. This provides official recognition of their union.
It is important to note that common-law marriages are not universally recognised across the United States. Currently, only seven states and DC acknowledge common-law marriages. Therefore, if relocating to or from DC, it is essential to understand the laws of the specific state regarding the recognition of common-law marriages formed in other jurisdictions.
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Frequently asked questions
Both parties must be old enough to marry, not closely related, and not currently married to someone else. They must also share a "mutual and express agreement" to be married and act accordingly.
A common-law marriage can be verified by the parties making and registering a "declaration of informal marriage" in the county in which they reside. Actions such as living together and referring to each other as "husband" or "wife" can also prove intent to be married.
Common-law marriages can only end through death, divorce, or annulment.
