Common-Law Marriage

Common-law marriage is a legal marital relationship between partners who have not undergone a formal or civil ceremony. Where recognized, the couple has similar legal rights to those in statutory marriages.

What Is Common-Law Marriage?

Common-law marriage refers to a legally recognized union between two people who do not have a marriage license and have not formalized their union through an official ceremony. Only a few States accept this type of union.

This type of marriage typically grants partners the same legal rights, benefits, and obligations as a formal marriage, without requiring any legal documents or procedures. However, the couple must meet specific requirements to qualify for this type of arrangement.

If a common-law couple wishes to divorce, they typically follow the same procedure as couples in a traditional marriage. You may need to draft a separation agreement and undertake the same divorce process for asset distribution as a normal marriage.

Only a few states in the United States recognize common-law marriages. In those that don’t, you must obtain a marriage license and certificate. However, all states will accept a common-law marriage that happened in a state where it is a legal provision.

Is common-law marriage a legal status?

Common-law marriage is a valid, legal status in States that recognize it. Partners in the union are legally bound by their State's family laws. The relationship grants you the same rights and responsibilities you would have if you were formally married.

If you meet your State’s criteria for common-law marriage, courts of law treat you as a couple. However, the lack of formal documentation can make proving common-law marriage challenging in legal matters such as inheritance.

Common-Law Marriage Requirements

Although a marriage recognized under common law doesn’t require a marriage license or formal ceremony, it must meet specific requirements. First, your State must recognize and have legal provisions for such informal marital arrangements.

Even in States where common-law marriages are accepted, their existence depends on several factors. These vary from state to State, but some of the most common requirements include the following:

• The couple must have lived together for a considerable period.
• Both parties must have been of legal age (according to State laws) when the marriage started.
• Both parties must be of “sound” mind and be capable of agreeing to marry.
• Neither party may be married to someone else.
• Both parties had the intention to be married.
• The couple presents themselves in public as married (for example, by opening up a joint bank account).

It’s essential to check your State’s specific provisions to determine whether your relationship qualifies as a common-law marriage.

How do you register an informal marriage?

Before you can register your common-law union, you must meet your State’s requirements. You can check the statutes and provisions on your state’s website or consult with an attorney.

If you meet the necessary requisites, you may register your marriage by filling in the Declaration of Informal Marriage Form.

Submit the form, along with the required fees, to the county clerk’s office. You must also provide documentation to prove your age, the consent of both partners, and the existence of the union.

Depending on your jurisdiction, you may present evidence that you have joint lease agreements or that you have been filing tax returns as a couple.

How many years does common-law marriage take?

There is no specified number of years that you must cohabit to be common-law married. Courts consider how long couples have lived together, but the exact number of years required to form a common-law marriage is not specified in any state law.

Beyond the duration of cohabitation, the couple must meet other State requirements.

Misconceptions to consider

There are several myths surrounding informal marriage. Check the table below, which addresses common misconceptions, to make sure you fully understand what’s involved in the process.

Which States Recognize Common-Law Marriage?

As of 2025, common-law marriage is recognized within six different states across the United States, as well as in the District of Columbia. Some States provide for this type of marriage within their laws, while others do so through court decisions.

The states that recognize common-law marriage are as follows:

• Colorado
• Kansas
• Iowa
• Montana
• Oklahoma
• Texas
• Washington, D.C.

Some states grant limited recognition and legality to these types of marriages, such as:

• Alabama
• Georgia
• Florida
• Idaho
• Indiana
• Pennsylvania
• New Hampshire
• Ohio
• South Carolina
• Rhode Island

These states only accept a common-law marriage if it began before a specific date or for a particular purpose. For example, New Hampshire recognizes common-law marriages for inheritance only. And Rhode Island accepts informal marriages only if they happened before 2023.

Under the Full Faith and Credit Clause, however, all States may recognize out-of-state informal marriages.

States that do not accept common-law marriage

As of 2025, over 30 States do not accept common-law marriages, including California, New York, and Florida. In such States, you require a marriage license and a formal civil ceremony to be considered married.

In 2023, Rhode Island became the latest State to ban new informal marriages, while accepting existing, legally established ones to remain valid.

If you and your partner are unmarried, you cannot rely on family law to resolve legal matters such as divorce and inheritance. However, you can protect your rights by preparing legal documents to guide the official process.

• A Cohabitation Agreement lets you assign responsibilities to each partner. This enables you to assign asset division and debt liability in advance.
• Without spousal rights, you may use a Power of Attorney to grant your partner the right to make medical and other decisions on your behalf when needed.
• You may also put assets in Trusts, naming your partner as a beneficiary.
• Use a Will to determine how to distribute your estate when you die.

You must plan your affairs well in advance if you prefer not to get married in a non-common-law State.

Common-Law Marriage and Divorce

There is no special common-law marriage divorce. Couples with common-law marriage status must go through the same divorce process as their counterparts in statutory marriages.

Couples must go through courts to end a legally recognized marriage. You may need to draft a Separation Agreement or a Divorce Settlement Agreement to split assets and responsibilities when the union ends.

Helpful Resources:

NCSL - Common Law Marriage by State

NPR - No, You're Not In A Common-Law Marriage After 7 Years Together