Kara Sears
Common-law marriage, also known as marriage without formalities or informal marriage, is a way for a couple to marry without a marriage license, ceremony, or certificate. While it is possible to be married under common law in nine U.S. jurisdictions, only a handful of states have common law marriages. The requirements to contract a valid common-law marriage differ between jurisdictions, and even within states, there may be different requirements for a long-term relationship to qualify as a common-law marriage.
| Characteristics | Values |
|---|---|
| Number of states recognizing common-law marriage | 17 (7 states and the District of Columbia fully recognize common-law marriage) |
| States that fully recognize common-law marriage | Colorado, District of Columbia, Alabama, Montana, Iowa, Kansas, New Hampshire, Rhode Island, Texas, Ohio (before 10/1991), Idaho (before 1996), Georgia (before 1997), Oklahoma, South Carolina (before 7/24/2019), Pennsylvania (before 1/1/2005) |
| States that partially recognize common-law marriage | Indiana (before 1/1/1958), Florida (before 1/1/1968), Alabama (before 1/1/2017), Georgia (before 1/1/1997) |
| Requirements for common-law marriage | Live together for a certain period of time (length depends on the state), both parties must be at least 18 years old, publicly present themselves as spouses, file a legal "Declaration of Informal Marriage" |
| Divorce | There is no such thing as "common-law divorce". Divorce must be done by statutory law in all jurisdictions. |
Explore related products
What You'll Learn
Common law marriage states
Common law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is only recognized in a few states and the District of Columbia, along with some provisions of military law. There are only seven states that fully recognize common law marriage: Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, and Texas. Utah, South Carolina, and New Hampshire have limited recognition of common law marriage.
In states that recognize common-law marriage, couples must meet certain requirements to gain marital status. These requirements include living together for an amount of time, which varies depending on the state. For example, in Texas, couples can file a legal "Declaration of Informal Marriage", which is a legally binding document that must be completed by both partners and sworn or affirmed in the presence of the County Clerk.
Some states have abolished common law marriage but still recognize them if the relationship began before a certain date. For example, Pennsylvania recognizes common law marriages if they were entered before January 2005, and Ohio recognizes them if they were entered before October 1991.
It's important to note that even in states that recognize common law marriage, a divorce must be obtained through statutory law, as there is no such thing as a "common law divorce".
Justice Without Laws: A Contradiction or Possibility?
You may want to see also
Explore related products
Requirements to qualify
Common law marriage, also known as marriage without formalities or informal marriage, is a valid and recognised way for a couple to marry in a handful of U.S. states. However, the requirements to qualify for a common-law marriage differ between jurisdictions.
In the District of Columbia, a common law marriage is a marriage that is legally recognised without a ceremony or certification of marriage. The District of Columbia Department of Human Services defines a common law marriage as:
> " [A] marriage that is legally recognized even though there has been no ceremony and there is no certification of marriage. A common law marriage exists if the two persons are legally free to marry, if it is the intent of the two persons to establish a marriage, and if the two are known to the community as husband and wife."
In addition, both parties must be at least 18 years old to enter into a common-law marriage. In Texas, a couple can file a legal "Declaration and Registration of Informal Marriage", which serves as a common-law marriage certificate. Alternatively, a couple can meet a three-prong test, showing evidence of the following:
- Both parties must intend to have a marriage recognised by law.
- The parties must live together.
- The couple must publicly present themselves as spouses.
In Colorado, Iowa, Rhode Island, and Texas, the law requires couples to present themselves publicly as spouses. In Colorado, the couple must publicly declare themselves married, and their community reputation must reflect their belief that 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 their intended marital status.
In Alabama, common law marriages that began before 1 January 2017 are recognised as legally valid. In Georgia, common law marriages that began before 1 January 1997 are recognised. In Ohio, common law marriages that began before 10 October 1991 are recognised. In Pennsylvania, common law marriages that began before 1 January 2005 are recognised. In South Carolina, common law marriages that began before 24 July 2019 are recognised.
It is important to note that the laws regarding common law marriage are subject to change, and it is recommended to consult an attorney or legal practitioner for up-to-date information.
Obituary Laws in Canada: What's Required?
You may want to see also
Explore related products
Recognition in other states
Recognition of common law marriages in other states is complex. While the Full Faith and Credit Clause of the United States Constitution requires states to respect the laws and legal proceedings of other states, this does not apply to common law marriages because they are not public acts or records, and are not judicial proceedings.
However, some sources suggest that all states must still recognize a common law marriage from another state. For example, a couple with a common law marriage in Texas, a common law marriage state, would be recognized as legally married in California, which does not have common law marriage.
There are 17 states that recognize some form of common law marriage, with seven states and the District of Columbia fully recognizing it. These are Colorado, the District of Columbia, Alabama, Montana, Iowa, Kansas, New Hampshire, Pennsylvania (before 2005), South Carolina (before 2019), Utah, Rhode Island, Texas, Ohio (before 1991), Idaho (before 1996), Georgia (before 1997), and Oklahoma.
Some states, like Ohio, explicitly reaffirm that they recognize common law marriages entered into legally in other states. Other states, like Alabama and Georgia, only recognize common law marriages that were entered into before a certain date.
Law-abiding Citizens: Understanding Legal Boundaries
You may want to see also
Explore related products
Divorce from a common-law marriage
Common law marriages are legally recognised in the following US states: Colorado, Iowa, Kansas, Oklahoma, Rhode Island, Texas, Utah, Montana, New Hampshire, Alabama, Pennsylvania (if entered before 2003), South Carolina, Ohio (if entered before 1991), Idaho (if entered before 1996), Georgia (if entered before 1997), the District of Columbia, and possibly others.
The requirements to qualify for a common-law marriage vary by state. For example, in Texas, a couple can file a legal "Declaration of Informal Marriage", which is a legally binding document. Alternatively, they can meet a three-pronged test, showing evidence of cohabitation, presenting themselves as married, and being recognised as a married couple within their community. In Texas, common-law marriages are treated the same as formal marriages, and a legal divorce is required to dissolve the marriage.
In states that do not recognise common-law marriage, a couple with a legitimate common-law marriage who move to that state may still be considered validly married. However, it can be difficult to prove a common-law marriage, and therefore, it can be difficult to get divorced. When seeking a divorce, individuals must typically demonstrate the validity of their common-law marriage, often through evidence like cohabitation, shared finances, or public acknowledgment of the relationship.
There is no such thing as "common-law divorce", and in all jurisdictions, divorce must be done by statutory law. However, the process of divorce is similar to that of a conventional marriage. Common-law married couples seeking to divorce must prove they are married under the laws of that state, despite not having a marriage license.
Initial Rates and Integrated Rate Laws: When to Use Each
You may want to see also
Explore related products
$35.19 $39.99
Same-sex common-law marriage
Common-law marriage is a legally recognized marriage between two individuals who have not obtained a marriage certificate or participated in a marriage ceremony. In the United States, common-law marriage requirements vary across jurisdictions. For instance, in Texas, couples can file a legal "Declaration of Informal Marriage" or meet a three-pronged test that includes cohabitation and public recognition as a married couple.
As for same-sex common-law marriage, the legal recognition of same-sex marriage in the United States has evolved over time. In 2004, Massachusetts became the first state to legalize same-sex marriage, and by 2015, all fifty states had followed suit through various court rulings, state legislation, and direct popular votes. However, it is important to note that some states, such as Alabama and Arizona, have specific laws prohibiting the recognition of same-sex common-law marriages. For example, Alabama's law states that it will not recognize as valid any common-law marriage between parties of the same sex. Arizona's constitution also defines marriage as a union between one man and one woman, voiding and prohibiting marriages between persons of the same sex.
The history of same-sex marriage in the United States dates back to the early 1970s, when the first lawsuits seeking legal recognition of same-sex relationships brought the issue of civil marriage rights and benefits to the forefront. The movement gained momentum in 1993 with the Hawaii Supreme Court decision in Baehr v. Miike, which suggested that the state's prohibition on same-sex marriage might be unconstitutional. This decision prompted actions at the federal and state levels to restrict marriage to male-female couples, including the enactment of the Defense of Marriage Act (DOMA) in 1996.
In 2003, the Massachusetts Supreme Judicial Court ruled in Goodridge v. Department of Public Health that it was unconstitutional for the state to abridge marriage based on sex. From 2004 to 2015, public opinion continued to shift towards supporting same-sex marriage, and various state court rulings, state legislation, direct popular votes, and federal court rulings played a pivotal role in establishing same-sex marriage in thirty-six of the fifty states. By the time same-sex marriage was federally legalized in 2015, it had already been legalized in 38 states and Washington, D.C.
Since the legalization of same-sex marriage, the number of households headed by married same-sex couples has been on the rise. By the end of 2015, the year of the Obergefell v. Hodges ruling, the number of married same-sex households increased by 27.0%. This trend has continued, with married same-sex households outnumbering unmarried same-sex households since 2016. As of 2023, the states with the highest shares of married households headed by same-sex couples were Washington, D.C. (5.96%), and Delaware (2.34%).
Thomas Cole's Art: Inspiring Environmental Law and Policy
You may want to see also
Frequently asked questions
A common-law marriage is an informal marriage where couples do not have a marriage license, marriage ceremony, or marriage certificate.
Common-law marriage is fully recognized in Colorado, District of Columbia, Alabama, Montana, Iowa, Kansas, New Hampshire, South Carolina, Utah, Rhode Island, Texas, Idaho, and Georgia. Pennsylvania, Ohio, and Indiana recognize common-law marriages created before specific dates.
The requirements for a common-law marriage vary by state. Some states require couples to live together for a certain period, while others require couples to publicly present themselves as spouses. In Texas, couples can complete a Declaration and Registration of Informal Marriage. Both parties must be at least 18 years old.
There is no such thing as a "common-law divorce". A common-law marriage is dissolved through the same formal judicial proceedings as a traditional marriage.
