Is it legal to have a common-law marriage?

Common law marriage is an alternative to regular marriage since there is no license or partnership agreement. Learn more about how to qualify.

What you will discover:

In the United States, is common law marriage legal?
Which states allow common law marriage?
What is a common law marriage?
Is it possible to divorce under common law?

A common law marriage is an alternative to conventional marriage in certain jurisdictions. While a common law marriage is not legally a marriage since there is no legitimate marriage license or authorized marriage ceremony, it is nonetheless accepted as an interpersonal status in certain places.

In the United States, is common law marriage legal?

Although common law marriage is not commonly accepted as a form of marriage in the United States, it is recognized in some form in 10 states and the District of Columbia. There are five other states that recognize it with conditions.

Which states allow common law marriage?

The following states and the District of Columbia presently accept common law marriage in some form:

Colorado
Georgia (with restrictions)
Idaho (with restrictions)
Iowa
Kansas
Montana
The state of New Hampshire (with restrictions)
Oklahoma (with restrictions)
Ohio (with restrictions)
Pennsylvania (with restrictions)
The state of Rhode Island
The state of South Carolina
Texas
Utah

As determined by the United States Supreme Court in Obergefell v. Hodges, same-sex couples have the same right to marry, including common law marriage, as different-sex couples. If your state recognizes your common law marriage, so will the IRS, allowing you to file your taxes jointly.

What is a common law marriage?

Common law marriage is not recognized in all states, and those that do have various norms and prerequisites. In general, the following are the most prevalent needs for both individuals:

The legal age (in the state of marriage).
Of clear mind and intending to marry.
I am not married to anybody else.
Living in the same house.
Presenting oneself as a married pair to friends and family.

A notarized affidavit or Domestic Partnership Agreement detailing how long you and your partner have lived together, where you resided, any public proclamation of common law marriage, and any past weddings may be used to prove your common law connection.

Is it possible to divorce under common law?

While certain states may legally recognize common law marriage, there is no such thing as a common law divorce: couples with legitimate common law marriages must go through the same divorce procedure as couples who are legally married.