ABA Family Legal Guide

Family Law

Marriage

Requirements for Getting Married

Are common-law marriages allowed?

In most states, no. In times past, particularly in the frontier days, it was common for states to consider a woman and man to be married if they lived together for a certain length of time, had sexual intercourse, and held themselves out as husband and wife, even though they never went through a marriage ceremony. Today, only nine states recognize common-law marriages. In those states, in order for there to be a legal common-law marriage, the partners must clearly represent themselves to others as being husband and wife; merely living together is not enough to create a marriage.

In states that recognize a common-law marriage, the partners have the same rights and duties as if there had been a ceremonial marriage. Most other states will accept as valid a common-law marriage that began in a state that recognizes common-law marriage.

A legal common-law marriage may end only with a formal divorce. There is no such thing as a "common-law divorce."