Which states have common law marriage and how does it work?

4 comments

1. My state used to have it and some friends of mine were “married” that way.

   From what I know…they basically got a letter from VA saying, in effect, “you’ve lived together for X years, we now consider you married.”

   They got actual married soon after, so I don’t know how it would’ve worked long term.

2. > In the U.S., most states have abolished common-law marriage by statute. However, common-law marriage can still be contracted in seven states and the District of Columbia. Once they meet the requirements of common-law marriage, couples in those true common-law marriages are considered legally married for all purposes and in all circumstances.

   > Common-law marriage can still be contracted in Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Utah, Oklahoma and the District of Columbia.

   https://en.m.wikipedia.org/wiki/Common-law_marriage

3. Indiana outlawed common law marriages in 1986 with its state-level DOMA, but grandfathered in existing common law marriages. It would be interesting to know if any common law marriages are still left nearly 20 years later…

4. u/UdderSuckage gave the list of states. There are a couple of special cases, such as NH, which recognizes common law marriage solely for the purpose of estates upon the death of one of the parties.

   A common law marriage created in any of the states where that’s possible, or even in other countries where it’s legally recognized, will generally be recognized in all other states.

   There’s no such thing as common law divorce. If you have a common law marriage and wish to end it, you need a regular divorce.

   The general rule is that both parties must be eligible to be married, must actually intend to be married, and must hold themselves out as being married. Where states differ is in how much evidence is required to prove these. These standards are typically set by court cases, and therefore difficult to look up without access to state court decisions. I can’t swear that length of time cohabiting is never a factor, but it’s a myth to believe that living together for some specific length of time is either necessary or sufficient.