Common Law Marriages in the United States
Couples interested in a nontraditional marriage should check if their state of residency permits common law marriage. Here’s everything you need to know about which states recognize common law marriage.
Only eight states allow couples to have a common law marriage. Couples must meet requirements before the state court legally recognizes their marriage.
Related: Common Law Marriage in New York
States Recognizing Common Law Marriage
Common law marriage refers to a couple who doesn’t host an official ceremony or obtain a marriage license but is still in a court-recognized marriage. Couples in a common law marriage must get a divorce if they decide to end their relationship.
As of 2022, only the following eight states recognize common law marriage:
- Colorado
- Iowa
- Kansas
- Montana
- New Hampshire
- The District of Columbia
- Texas
- Utah
Related: Common Law Marriage in Pennsylvania
Grounds for Common Law Marriage by State
Colorado, Iowa, Kansas, Montana, the District of Columbia, and Texas share the same requirements for common law marriage:
- The couple lives together (no time requirement)
- The couple acts as a married couple to friends and family (taking the same last name, using terms such as husband/wife/spouse, etc.)
- Both parties are older than 18 years old
- Both parties are mentally capable of consenting to marriage
New Hampshire and the District of Columbia have different common-law marriage requirements. In New Hampshire, couples must obtain a marriage license for the court to legally recognize their marriage. New Hampshire couples interested in common law marriage but do not want a marriage license can only apply for common law marriage if one of the parties passes away.
Requirements for common law marriage in New Hampshire include:
- The couple lives together for at least three years before the spouse’s death
- The couple acts as a married couple to friends and family (taking the same last name, using terms such as husband/wife/spouse, etc.)
Utah law does not use the term “common law marriage” for couples who don’t have a marriage license or want an official ceremony. To get a common law marriage in Utah, couples must request the court to recognize their marriage.
The requirements for Utah courts to recognize marriage without an official ceremony include:
- The couple lives together (no time requirement)
- The couple acts as a married couple to friends and family (taking the same last name, using terms such as husband/wife/spouse, etc.)
- Both parties are older than 18 years old
- Both parties are mentally capable of consenting to marriage
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