Common Law Marriage

Question 1

Do most states still allow common law marriage?

Answer 1

Most states have abolished common law marriage.

Question 2

In states that recognize common law marriage, what are the 3 components needed to establish a common law marriage?

Answer 2

In jurisdictions that recognize common law marriage, the proponent of the marriage must prove that the parties:

1. Cohabitate for the statutory period.
2. Held themselves out as married; AND
3. Intended to be married

Question 3

Do other states give full faith and credit to valid common law marriages?

Answer 3

Most states will recognize a common law marriage if it was validly obtained in a jurisdiction that permits common law marriages.

Question 4

Under what circumstance will a state not recognize a valid common law marriage?

Answer 4

If doing so contradicts a powerful public policy of the jurisdiction with the greatest interest in the marriage of the parties.