Cameron Miranda
Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that is only recognized in a handful of states in the US. Common-law marriage is a form of marriage where a couple takes up residency together, holds themselves out to the world as a married couple, and otherwise behaves as a married couple. While most states in the US have stopped allowing these informal marriages, a few states continue to recognize them, and each has its own rules and requirements that need to be met to qualify for legal protections and benefits.
| Characteristics | Values |
|---|---|
| Number of states that recognize common law marriage | 7 U.S. states and the District of Columbia (D.C.) |
| States that recognize common law marriage | Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and D.C. |
| States with limited recognition of common law marriage | Utah, South Carolina, New Hampshire, Alabama, Florida, Georgia, Idaho, Indiana, Ohio, and Pennsylvania |
| Requirements for common law marriage | Varies by state, but may include living together for a certain period, being old enough to marry, having the mental capacity to marry, and both partners intending to establish a common law marriage |
| Recognition of out-of-state marriages | All states recognize common law marriages from other states as long as the couple meets the requirements of a common law marriage in that state |
| Proof of common law marriage | May be difficult due to the absence of a marriage certificate or public record; judges decide based on specific circumstances and state statutes or case law |
| Divorce for common law marriages | No such thing as "common law divorce"; must obtain a traditional divorce under state laws |
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What You'll Learn
States that recognize common-law marriage
In the United States, common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that is only recognized in a handful of states. These include Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage.
Some states have abolished common-law marriage but still recognize such marriages if they began before a certain date or for a specific purpose. These include Alabama, Florida, Georgia, Idaho, Indiana, Ohio, and Pennsylvania. All states recognize common-law marriages if a couple is married in a common-law marriage state.
Common-law marriage has been gradually abolished in Western nation states over the centuries. The Catholic Church forbade clandestine marriage at the Fourth Lateran Council in 1215, requiring all marriages to be announced in a church by a priest. The Council of Trent (1545-1563) introduced more specific requirements, ruling that future marriages would only be valid if witnessed by the pastor of the parish or the local bishop, or by the delegate of one of these witnesses.
Marriage under tribal law is distinct from state marriage law. Many Aboriginal nations permit common-law marriage, including the Navajo Nation, which also allows its citizens to marry through tribal ceremonial processes and traditional methods.
It is important to note that the recognition of common-law marriage can change over time due to legislative or court decisions. For example, South Carolina allowed common-law marriage until 2019, when its supreme court held that couples could no longer enter into a valid marriage without a license. Similarly, while Rhode Island's high court did not abolish common-law marriage, the justices urged the state legislature to eliminate this practice.
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States that recognize common-law marriage for same-sex couples
In the United States, common-law marriage is a form of irregular marriage that is currently recognized in only a handful of states. Some states have abolished common-law marriage but still recognize such marriages if they began before a certain date. These states include Alabama (if created before January 1, 2017), Florida (if created before January 1, 1968), Georgia (if created before January 1, 1997), Idaho (if created before January 1, 1996), and Indiana (if created before January 1, 1958).
Despite the gradual abolition of common-law marriage in Western nation states, it is still recognized in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage. Additionally, under the United States Constitution, the Full Faith and Credit Clause mandates that states without common-law marriage must recognize such marriages performed in other states, as long as the couple's relationship meets the requirements of a common-law marriage in the state where it was established.
Regarding same-sex couples, the 2015 Supreme Court ruling in Obergefell v. Hodges established the right for same-sex couples to marry, and same-sex common-law marriages are now recognized in Texas. However, some states, such as Alabama and Arizona, explicitly state that they will not recognize common-law marriages for same-sex couples.
It is important to note that marriage under tribal law is distinct from state marriage law. For example, the Navajo Nation permits common-law marriage and allows its citizens to marry through tribal ceremonial processes. The laws and requirements for common-law marriage vary across states, and it is always advisable to refer to the specific family laws and requirements of each state.
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States that have abolished common-law marriage
Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that survives only in a handful of U.S. states. The term is often used to refer to cohabiting couples, regardless of their legal rights, which can create confusion about the legal rights of unmarried partners. Common-law marriage has been gradually abolished in Western nation states over the centuries.
States that No Longer Recognize Common-Law Marriage
- California abolished common-law marriage in 1895 but recognizes marriages that were contracted before this date.
- Alabama abolished common-law marriage in 2017 but recognizes marriages that were contracted before this date.
- Pennsylvania abolished common-law marriage in 2005 but recognizes marriages that were contracted before this date.
- Massachusetts, which included Maine from 1652-1820, abolished common-law marriage during the colonial period.
- Hawaii abolished common-law marriage in 1920.
- Maine abolished common-law marriage in 1652.
States with Limited Recognition of Common-Law Marriage
- Alabama (if the marriage began before January 1, 2017)
- Florida (if created before January 1, 1968)
- Georgia (if created before January 1, 1997)
- Idaho (if created before January 1, 1996)
- Indiana (if created before January 1, 1958)
- Ohio (if created before October 10, 1991)
- Pennsylvania (if created before January 1, 2005)
- Utah (only if the marriage has been validated in a judicial proceeding)
- South Carolina
- New Hampshire
States that Currently Recognize Common-Law Marriage
- Colorado
- Iowa
- Kansas
- Montana
- Rhode Island
- Oklahoma
- Texas
- The District of Columbia
States with Unclear Status
The situation in Oklahoma has been unclear since the mid-1990s, with legal scholars reporting various dates for the abolition of common-law marriage in the state. However, as of August 2022, some state departments continue to represent common-law marriage as legal.
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States that have limited common-law marriage recognition
In the United States, common-law marriage is a form of irregular marriage that is only recognized in a handful of states. Some states have abolished common-law marriage but still recognize such marriages formed before a certain date or for specific purposes.
The following states have limited recognition of common-law marriage:
- Alabama (if the marriage began before January 1, 2017)
- Florida (if created before January 1, 1968)
- Georgia (if created before January 1, 1997)
- Idaho (if created before January 1, 1996)
- Indiana (if created before January 1, 1958)
- Ohio (if created before October 10, 1991)
- Pennsylvania (if created before January 1, 2005)
- Utah (the status of common-law marriage in Utah is not entirely clear, but the state may recognize "non-matrimonial relationships" as marriages after a relationship ends)
- South Carolina
- New Hampshire
All states recognize common-law marriages if a couple is married in a common-law marriage state. This is due to the Full Faith and Credit Clause of the United States Constitution, which states that all states must respect the laws of other states. This means that even in states without common-law marriage, these marriages will be recognized if they meet the requirements of a common-law marriage state.
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States that require a marriage license to be considered valid
Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that is only recognised in a handful of states in the US. These include Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage.
However, most states in the US have stopped allowing these informal marriages, either through laws or court decisions. For example, South Carolina allowed common-law marriage until 2019, when the state's supreme court held that couples could no longer enter into a valid marriage without a marriage license. Similarly, Oklahoma's statute requires couples to obtain a marriage license to be considered married.
In states that recognize common-law marriages, couples must meet certain requirements to gain marital status. These include living together for a specified amount of time, which varies by state, and both partners must intend to establish a common-law marriage, sharing their lives in a committed and intimate relationship with all the legal and social responsibilities of marriage.
It is important to note that the recognition of common-law marriages can change over time as legislatures rewrite laws or courts issue new decisions. Therefore, it is always advisable to refer to the family laws in your specific state for the most up-to-date information.
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Frequently asked questions
A common-law marriage, also known as sui juris marriage, is a form of irregular marriage that does not require an official marriage ceremony. Instead, a couple must meet certain requirements, such as living together for a specified period and holding themselves out as a married couple.
As of 2022, only seven U.S. states and the District of Columbia fully recognize common-law marriages. These states are Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, and Texas. Additionally, Utah, South Carolina, New Hampshire, and Alabama recognize common-law marriages established before specific dates.
The requirements for a common-law marriage vary by state but generally include living together for a certain period, being old enough to marry, and having the mental capacity to enter into a marriage. Both partners must also intend to establish a common-law marriage and share their lives in a committed, intimate relationship.
Proving a common-law marriage can be challenging due to the lack of a marriage certificate or public record. Judges typically consider the specific circumstances of each case and the standards established in the state's statutes and case law. Cohabitation and holding themselves out as a married couple are important factors in this determination.
There is no such thing as a "common-law divorce." If you have a valid common-law marriage and want to separate, you generally need to obtain a traditional divorce under the laws of your state. This may involve filing legal or administrative proceedings, especially if you want the court to issue orders regarding property division or alimony.
