Why does common law marriage exist

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Grow Your Legal Practice. Meet the Editors. Learn about common law marriages and find out what states recognize them. What Is Common Law Marriage? The common law states are: Colorado— Colo. Iowa— Iowa Code Ann. Kansas— Kan. Montana— Mont. Code Ann. New Hampshire— N. Oklahoma Rhode Island Texas — Tex. Utah— Utah Code Ann.

Note that the District of Columbia, although not a state, also permits common law marriages. States Recognizing Prior Common Law Marriages Some states that formerly allowed common law marriages, but eventually prohibited them, will still recognize those marriages if they validly existed prior to the prohibition date. These states are: Alabama if the marriage was before January 1, — Ala. Florida if the marriage was before January 1, — Fla. Georgia if the marriage was before January 1, — Ga. Idaho if the marriage was before January 1, — Idaho Code Ann.

Indiana if the marriage was before January 1, — Ind. Ohio if the marriage was before October 10, — Ohio Rev. Pennsylvania if the marriage was before January 1, — 23 Pa. South Carolina if the marriage was before July 24, — Stone v.

Thompson , S. Some Additional Common Law Marriage Information If you have a legitimate common law marriage, and you move to a state that doesn't permit them, your marriage should still be valid. Find a Lawyer Start here to find family and divorce lawyers near you. Practice Area Please select Common law marriage is allowed in a minority of states. A common law marriage is a legally recognized marriage between two people who have not purchased a marriage license or had their marriage solemnized by a ceremony.

Not all states have statutes addressing common law marriage. In some states case law and public policy determine validity.