State that Recognize Common Law Marriages

Quick Answer: Colorado, Kansas, Montana, Iowa, Alabama, New Hampshire, Oklahoma, Rhode Island, Texas, Utah, and South Carolina and Washington DC all recognize common law marriages.

Common-law Marriage
Common-law marriage is a status that is sometimes not recognized by some jurisdictions and some states. Common-law marriage is also known as informal marriage, marriage by habit and repute, or de facto marriage. No marriage ceremony is performed in these cases and no civil marriage contract is created.

Common-law marriage does not have the legal consequences that civil marriages have. Some countries outside the United States refer to common-law marriage as domestic partnerships for beneficial purposes. In basic terms this kind of coexisting can result in legal benefits, but only when recognized by state or federal law.

Accepting States
Some states recognize common-law marriage while others do not. Some states used to recognize common-law marriage but have now ceased to do so. States that no longer recognize this status and no longer allow contracts, include Massachusetts in 1646, Maine in 1820, New Mexico in 1860, North Dakota in 1890, Illinois in 1905, Arizona in 1913, Alaska in 1917, Wisconsin in 1917, Hawaii in 1920, Missouri in 1921, Nebraska in 1923, New York in 1933, New Jersey in 1939, Minnesota in 1941, Nevada in 1943, Kentucky in 1852, Mississippi in 1956, Michigan in 1957, Indiana in 1958, South Dakota in 1959, California in 1968, Florida in 1968, Ohio in 1991, Idaho in 1996, Georgia in 1997, Pennsylvania in 2005, and Oklahoma in 2010.

Other states never allowed contracts for common-law marriage. These include Connecticut, Tennessee, Oregon, Arkansas, Delaware, Maryland, Washington, Wyoming, North Carolina, Louisiana, and West Virginia.

Currently only ten states, as well as the District of Columbia, recognize this status and include Colorado, Kansas, Montana, Iowa, Alabama, New Hampshire, Oklahoma, Rhode Island, Texas, Utah, and South Carolina. Despite some not recognizing common-law marriage inside their borders, all states are required to recognize the common-law marriages of other states.

Basics
Common-law marriage carries many distinctions. One of these is that there is no licensure through any kind of government authority, despite being on government public record. Common-law marriage is not created by cohabitation nor is it solemnized.

Besides coexisting two people must profess that they are espoused. Both individuals must also give mutual consent to the agreement and be of legal age. In order to qualify for common-law marriage status the individuals must also be unmarried, not incarcerated, and be psychologically stable. Some states require that in order to achieve this status the individuals must cohabitate for a specific amount of time. Each state is different, while others have no requirement.

The Internal Revenue Service recognizes common-law marriages, as they are viewed as valid statutory marriages. Medical practitioners also recognized common-law marriage in their practices.

Divorce
Under no jurisdiction, neither in the United States nor any other country, is there common-law divorce. In order for a common-law contract to be dissolved the case must be brought before the pertinent trial court. This can either be in probate court or family court.

Specifically in the state of Texas those desiring to dissolve their contracts must be separated for a minimum of two years before moving forward with these proceedings. In these cases the marriage is annulled.