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What States Recognize Common Law Marriages: A Comprehensive Guide

Ali Majeed by Ali Majeed
April 2, 2023
in LAW
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What States Recognize Common Law Marriages A Comprehensive Guide
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A common law marriage is a type of marriage in which two individuals become legally married without obtaining a marriage license or undergoing a formal ceremony. Instead, they establish a marital relationship by living together as a married couple and presenting themselves as such to the public. While common law marriages are recognized in some states, they are not legal in others. In this article, we will explore which states honor common-law marriages.

Table of Contents

  • What is a Common Law Marriage?
    • READ ALSO
    • Why You Need an Uber Accident Attorney on Your Side
    • The Goldstone Financial Group Lawsuit: A Cautionary Tale for Investors
  • What States Recognize Common Law Marriages?
    • Why Does It Matter if a State Recognizes Common Law Marriages?
  • Conclusion

What is a Common Law Marriage?

A common law marriage is a marriage that is recognized by the state without a marriage license or a formal ceremony. The couple establishes their marital relationship by living together as a married couple and presenting themselves as such to the public. To prove the existence of a common law marriage, the couple must meet certain requirements, such as living together for a certain period of time and having the intent to be married.

READ ALSO

Why You Need an Uber Accident Attorney on Your Side

The Goldstone Financial Group Lawsuit: A Cautionary Tale for Investors

What States Recognize Common Law Marriages?

Not all states recognize common-law marriages. As of 2021, the following states recognize common-law marriages:

  1. Alabama
  2. Colorado
  3. District of Columbia
  4. Georgia (if established prior to 1997)
  5. Idaho (if established prior to 1996)
  6. Iowa
  7. Kansas
  8. Montana
  9. New Hampshire (for inheritance purposes only)
  10. Ohio (if established prior to 1991)
  11. Oklahoma
  12. Pennsylvania (if established prior to 2005)
  13. Rhode Island
  14. South Carolina
  15. Texas
  16. Utah

It is important to note that the requirements for establishing a common-law marriage vary by state. In some states, the couple must live together for a certain period of time, while in others, they must present themselves as a married couple in public.

Why Does It Matter if a State Recognizes Common Law Marriages?

If a state recognizes common law marriages, the couple will be treated as legally married for all purposes, including inheritance, property rights, and divorce. However, if a state does not recognize common-law marriages, the couple will not have the legal protections and benefits that come with being married.

Conclusion

Common law marriages can be a confusing and complicated area of law. While they are recognized in some states, they are not legal in others. If you are in a common law marriage or considering entering into one, it is important to understand the requirements and legal implications of your state’s laws. Consulting with a family law attorney can help you navigate this area of law and ensure that your rights and interests are protected.

 

Tags: lawlaw marriage

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