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Common Law Marriage in Mississippi

Mississippi does not allow new common law marriages: marriages after April 5, 1956 need a license and a ceremony, but earlier common law marriages stay valid.

Last checked . General information, not legal advice.

Mississippi at a glance

New common law marriages allowed
No, abolished
Cutoff date
April 5, 1956
Common law marriages contracted before April 5, 1956 are not affected.
Requirements
Not available; license and ceremony required
Marriages after April 5, 1956 are void unless the couple obtained a license and the ceremony was performed by an authorized person.

Sources

Last checked

The rules in Mississippi

Can a couple form a common law marriage in Mississippi today?

No, abolished. New common law marriages allowed in Mississippi: no, abolished.

When did Mississippi stop recognizing new common law marriages?

Cutoff date in Mississippi: April 5, 1956. Common law marriages contracted before April 5, 1956 are not affected.

What are the requirements for a common law marriage in Mississippi?

Requirements in Mississippi: Not available; license and ceremony required. Marriages after April 5, 1956 are void unless the couple obtained a license and the ceremony was performed by an authorized person.

Where do the Mississippi common law marriage laws come from?

The rules above come from Miss. Code 93-1-15. Each source is linked on this page. We last checked them in October 2026.

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.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.