Common Law Marriage Laws by State
A common law marriage is a marriage formed without a marriage license or a ceremony. Instead, the couple agrees to be married and then lives together and presents themselves to others as spouses. Where it is valid, a common law marriage is a full legal marriage, with the same rights and duties as a marriage formed with a license.
50 states and DC compared. Last checked .
At a glance
- New common law marriages allowed
- 10 of 51
- States and DC where the answer is yes or yes in some cases.
Compare common law marriage laws
Only some states allow new common law marriages to be formed within their borders. Other states abolished the practice, often keeping marriages formed before a set cutoff date. The rules can come from a statute or from court decisions, and the required elements, such as capacity to marry and an agreement to be married now, differ from state to state.
51 of 51 shown
| Cutoff date | Requirements | Sources | ||
|---|---|---|---|---|
| ALAlabama | No, abolished | January 1, 2017Common law marriages formed before January 1, 2017 remain valid. | Not available for new marriagesAn otherwise valid common law marriage entered into before January 1, 2017 continues to be valid. | |
| AKAlaska | No | Not listed | Not available; license and solemnization required | |
| AZArizona | No | Not listed | Not available; license and solemnization requiredA marriage valid under the law of the place where it was contracted is valid in Arizona, unless void under A.R.S. 25-101. | |
| ARArkansas | No, never recognized | Never recognizedThe Arkansas Supreme Court held in 1911 that common law marriage never obtained in Arkansas. | Not availableOut-of-state marriages valid where the parties then actually resided are valid in Arkansas courts. | |
| CACalifornia | No | Not listed | Not available; license and solemnization requiredA marriage contracted outside California that is valid where contracted is valid in California. | |
| COColorado | Yes | Not abolished | Mutual agreement to marry, conduct showing itFor marriages entered on or after September 1, 2006, each party must be 18 or older and the marriage must not be prohibited under C.R.S. 14-2-110. | |
| CTConnecticut | No | Not listed | Not available | |
| DEDelaware | No, never recognized | Never recognizedA 1921 Delaware court in banc opinion held that the common law of marriage was never adopted in Delaware. | Not available | |
| DCDistrict of Columbia | Yes | Not abolished | Present-tense agreement to marry, cohabitationCourts require cohabitation as spouses following an express mutual agreement in words of the present tense, and closely scrutinize such claims. | |
| FLFlorida | No, abolished | January 1, 1968Marriages entered into before that date are not affected by the bar. | Not available for new marriagesThe statute saves a defective marriage entered in good faith and in substantial compliance with the marriage chapter. | |
| GAGeorgia | No, abolished | January 1, 1997Otherwise valid common law marriages entered into before January 1, 1997 continue to be recognized. | Not available for new marriages | |
| HIHawaii | No | Not listed | Not available; license and ceremony required | |
| IDIdaho | No, abolished | January 1, 1996Marriages created by mutual assumption of marital rights before January 1, 1996 are not invalidated. | Not available; license and solemnization required | |
| ILIllinois | No, abolished | June 30, 1905Marriages contracted in Illinois after this date are invalid. | Not available for new marriages | |
| INIndiana | No, abolished | January 1, 1958 | Not available for new marriages | |
| IAIowa | Yes | Not abolished | Present agreement, cohabitation, public declarationAll three elements must be shown, claims are carefully scrutinized, and the person asserting the marriage bears the burden of proof. | |
| KSKansas | Yes | Not abolished | Capacity, present agreement, holding out, both 18 or olderSince July 1, 2011 Kansas does not recognize a common law marriage contract if either party is under 18. | |
| KYKentucky | No | Not listed | Not available; solemnization requiredKentucky law makes a marriage void when it is not solemnized or contracted in the presence of an authorized person or society. | |
| LALouisiana | No | Not listed | Not available; ceremony requiredThe Civil Code requires the absence of a legal impediment, a marriage ceremony and the free consent of the parties expressed at the ceremony. | |
| MEMaine | No | Not listed | Not available | |
| MDMaryland | No | Not listed | Not available | |
| MAMassachusetts | No, never recognized | Never recognized | Not available | |
| MIMichigan | No, abolished | January 1, 1957Common law marriages formed before January 1, 1957 can still be valid. | Not available; license and ceremony requiredSince January 1, 1957, consent must be followed by a marriage license and solemnization. | |
| MNMinnesota | No, abolished | April 26, 1941Marriages after April 26, 1941 that were not licensed and solemnized are void. | Not available; license and ceremony requiredA civil marriage requires a license, two witnesses and solemnization by an authorized person. | |
| MSMississippi | No, abolished | April 5, 1956Common law marriages contracted before April 5, 1956 are not affected. | Not available; license and ceremony requiredMarriages after April 5, 1956 are void unless the couple obtained a license and the ceremony was performed by an authorized person. | |
| MOMissouri | No | Not listed | Not available; license requiredA marriage license must be obtained before any marriage in Missouri. | |
| MTMontana | Yes | Not abolished | Capacity, mutual consent, cohabitation, public reputeUnder Montana case law the party claiming the marriage must prove each element by a preponderance of the evidence; short periods of cohabitation are not enough. | |
| NENebraska | No | Not listed | Not available | |
| NVNevada | No, abolished | March 29, 1943Marriage contracts based on consent alone that were in effect before March 29, 1943 are not invalidated. | Not available; solemnization required | |
| NHNew Hampshire | Only after a partner's death | Not applicable (limited statutory rule) | 3 years cohabiting and reputed as spouses, until deathThe rule applies only when one partner dies; it does not create a marriage that can be used while both are alive. | |
| NJNew Jersey | No, abolished | December 1, 1939Common law marriages contracted before December 1, 1939 are not invalidated for lack of a license. | Not available; license and ceremony requiredMarriages on and after December 1, 1939 without a license and an authorized officiant are absolutely void. | |
| NMNew Mexico | No | Not listed | Not available; ceremony requiredUnder N.M. Stat. 40-1-3, as summarized by the SSA, the civil contract of marriage must be solemnized in a ceremony. | |
| NYNew York | No, abolished | April 29, 1933New York also did not recognize them from 1902 through 1907. | Not available; solemnization required | |
| NCNorth Carolina | No | Not listed | Not available; solemnization required | |
| NDNorth Dakota | No | Not listed | Not available; license and solemnization required | |
| OHOhio | No, abolished | October 10, 1991Common law marriages formed in Ohio before this date remain valid unless ended by death, divorce, dissolution or annulment. | Before 1991: present agreement, cohabitation, reputationFor marriages before the cutoff, SSA describes the elements as a mutual present agreement to marry, cohabitation, and reputation as spouses, proved by clear and convincing evidence. | |
| OKOklahoma | Yes | Not abolished | Consent, exclusive relationship, cohabitation, holding outThe person claiming the marriage must prove it by clear and convincing evidence (Standefer v. Standefer, 2001 OK 37). | |
| OROregon | No | Not listed | Not available; solemnization required | |
| PAPennsylvania | No, abolished | January 1, 2005No common law marriage contracted after January 1, 2005 is valid. | Before 2005: words of present intent to be marriedSSA describes the old rule as requiring clear and convincing proof that the parties exchanged words in the present tense to become spouses. | |
| RIRhode Island | Yes | Not abolished | Capacity, intent to be spouses, conduct showing marriageThe parties must have capacity to marry, seriously intend a husband-wife relationship, and act so the community believes they are married, proved by clear and convincing evidence. | |
| SCSouth Carolina | No, abolished | July 24, 2019Abolished prospectively by the S.C. Supreme Court in Stone v. Thompson. | Before 2019: mutual assent to be marriedEach party must have intended to be married to the other, proved by clear and convincing evidence (Stone v. Thompson). | |
| SDSouth Dakota | No, abolished | July 1, 1959 | Not available; solemnization and recording required | |
| TNTennessee | No | Not listed | Not available; license required | |
| TXTexas | Yes | Not abolished | Agreement to marry, living together in Texas, holding outOr a signed declaration of informal marriage. If no proceeding starts within 2 years after separation, it is presumed there was no agreement to marry. | |
| UTUtah | Only by court order, until 2027 | May 5, 2027 (no new petitions from then)Set by a 2026 amendment to Utah Code 81-2-408, effective May 6, 2026. | Capacity, cohabitation, marital duties, reputation as spousesLegal age and consent, capacity to marry, cohabitation, mutual marital rights and duties, and a general reputation as spouses. | |
| VTVermont | No | Not listed | Not available; license required | |
| VAVirginia | No | Not listed | Not available; license and solemnization required | |
| WAWashington | No | Not listed | Not available; license required | |
| WVWest Virginia | No | Not listed | Not available; license required | |
| WIWisconsin | No, abolished | 1917SSA guidance states common law marriage is not recognized in Wisconsin after 1917. | Not available; license and ceremony required | |
| WYWyoming | No | Not listed | Not available; license and solemnization required |
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
What this means in practice
Living together for a long time does not by itself create a marriage. Where common law marriage is allowed, the key question is usually whether both partners agreed to be married and acted that way in public, for example by using the same last name, filing joint tax returns or calling each other husband or wife.
A valid common law marriage can only be ended by divorce or death, just like a licensed marriage. There is no informal way to undo it by moving out. The question of whether a marriage existed often comes up later, in a divorce, an inheritance dispute or a claim for spousal benefits.
Couples who want clear proof of their status can sign a written declaration or affidavit of marriage where state law provides for one, or simply obtain a marriage license. Couples who live together and do not want to be married can sign a cohabitation agreement that sets out how property and expenses are handled.
Common Law Marriage Laws: state by state
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Frequently asked questions
What is common law marriage?
It is a marriage formed by the conduct and agreement of the couple, without a license or ceremony. Where a state allows it, it has the same legal effect as a licensed marriage.
Do we become married after living together for a certain number of years?
No. Living together for a set period does not by itself create a marriage. Where common law marriage is allowed, the couple generally must agree to be married and hold themselves out to others as married, and both must be legally able to marry.
Is a common law marriage valid if we move to another state?
States generally recognize a common law marriage that was validly formed in a state that allowed it at the time, even if the new state does not allow new common law marriages. The details depend on the law of both states.
Is there such a thing as a common law divorce?
No. Once a valid common law marriage exists, it can only be ended by a court divorce or annulment, or by the death of a spouse. Separating or moving out does not end it.
How do you prove a common law marriage?
Proof usually comes from the couple's conduct and records, such as joint tax returns, shared accounts, insurance forms, a shared last name and testimony from people who knew the couple as married. Some states also accept a signed declaration of informal marriage.
New common law marriages allowed: which states say yes?
Of the 51 jurisdictions we checked, the answer is yes in 8 jurisdictions, in some cases in 2, no in 41. Yes: Colorado, District of Columbia, Iowa, Kansas, Montana, Oklahoma, Rhode Island and Texas. In some cases: New Hampshire and Utah.