Common Law Marriage

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.

NOTE: NCSL is NOT a legal services organization. If you have questions about the circumstances leading to common law marriage, including the duration of cohabitation, please contact an attorney, a legal services organization, or the clerk of court near you.

States With Common Law Marriage

Not all state statutes expressly allow for common law marriages. In Rhode Island, case law recognizes common law marriages. Oklahoma's statute requires couples to get a marriage license; however case law has upheld common law marriages in the state.

States Previously Allowing Common Law Marriage

States that did allow, and will still recognize as valid, common law marriages entered into prior to the date it was abolished.

Additional Resources