Marriage and divorce

Common-law marriage: which states recognize it

Pick a state to see whether a common-law marriage can be formed there today, and if it was abolished, from which date. Facts only, no legal advice.

Does your state recognize common-law marriage?

Common-law marriage · Texas

Yes, still

Date–
NoteInformal marriage (Tex. Fam. Code 2.401); both partners 18 or older
See the marriage license rules →

A common-law marriage is a marriage formed without a license or ceremony, when a couple who may legally marry agree to be married, live together and present themselves to others as spouses. Living together for a number of years is not enough on its own, and no state creates a common-law marriage simply after seven years, a widespread myth. In 2026, the jurisdictions read for this site where a common-law marriage can still be formed are Colorado, District of Columbia, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, Texas and Utah, each with its own conditions; some limit it, for example to inheritance cases. 18 states abolished it at a given date: a common-law marriage validly formed there before that date generally remains valid, but none can be formed after it. The other states do not recognize one formed on their soil, though several respect one formed validly elsewhere. A common-law marriage validly formed in one state is generally recognized by the others, and it ends only by divorce or death, like any marriage. Texas lets couples record an informal marriage with a declaration at the county clerk, which gives them a marriage record. Each status comes from the Social Security Administration's digest of state laws (POMS GN 00305.075, revised May 30, 2023), checked against a 2025 report of the Connecticut legislature and, for South Carolina, the state's own ruling. This page states what those official texts say; whether a particular relationship is a marriage is a question for a lawyer or a court.

Marriage license fee in your state

License · Colorado

$30

Who sets the feeeach county or town
Course discountnone
Example–
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Fees and rules read on official pages by Radif Partners · Editorial policy · How the fees are checked

The status in each state

“Date” is the first day on which a new common-law marriage could no longer be formed, as given by the Social Security Administration's digest of state laws (POMS GN 00305.075, revised May 30, 2023, read on October 24, 2026). “Not recognized” is the digest's wording: it does not say whether the state once allowed it. Alabama, Pennsylvania, Texas and Utah are checked against the Connecticut legislature's 2025 report, and South Carolina against its Department of Revenue ruling.

StateCommon-law marriageDateNote
AlabamaAbolished2017-01-01Ala. Code 30-1-20; marriages formed before the cutoff stay valid
AlaskaAbolished1964-01-01Recognized only from March 7, 1939 to December 31, 1963
ArizonaNot recognized––
ArkansasNot recognized––
CaliforniaNot recognized–Recognizes one validly formed in another state
ColoradoCan still be formed–Both partners must be 18 or older if formed on or after September 1, 2006 (C.R.S. 14-2-109.5)
ConnecticutNot recognized––
DelawareNot recognized––
District of ColumbiaCan still be formed–D.C. Code 16-921 allows an action to affirm a marriage
FloridaAbolished1968-01-02Fla. Stat. 741.211: invalid if formed after January 1, 1968
GeorgiaAbolished1997-01-01O.C.G.A. 19-3-1.1
HawaiiNot recognized––
IdahoAbolished1996-01-01Idaho Code 32-201
IllinoisAbolished1905-07-01Invalid if formed after June 30, 1905
IndianaAbolished1958-01-01Ind. Code 31-11-8-5
IowaCan still be formed–Iowa Code 252A.3(8) also treats it as a marriage for support
KansasCan still be formed–K.S.A. 23-2502: neither partner may be under 18
KentuckyNot recognized––
LouisianaNot recognized––
MaineNot recognized––
MarylandNot recognized––
MassachusettsNot recognized––
MichiganAbolished1957-01-01Recognizes one validly formed in another state
MinnesotaAbolished1941-04-27–
MississippiAbolished1956-04-05–
MissouriNot recognized––
MontanaCan still be formed–Statute (Mont. Code 40-1-403)
NebraskaNot recognized––
NevadaAbolished1943-03-29–
New HampshireCan still be formed–Only after death of one partner, for inheritance (RSA 457:39, 3 years cohabitation)
New JerseyAbolished1939-12-01–
New MexicoNot recognized––
New York (outside NYC)Abolished1933-04-29Also not recognized from 1902 to 1907
North CarolinaNot recognized––
North DakotaNot recognized–Recognizes one validly formed in another state
OhioAbolished1991-10-10ORC 3105.12
OklahomaCan still be formed––
OregonNot recognized–Recognizes one validly formed in another state
PennsylvaniaAbolished2005-01-0223 Pa.C.S. 1103: invalid if formed after January 1, 2005
Rhode IslandCan still be formed–Case law (Smith v. Smith 2009)
South CarolinaAbolished2019-07-24Stone v. Thompson (filed 2019-04-03, refiled 2019-07-24); marriages before the cutoff stay valid
South DakotaAbolished1959-07-01Recognizes one validly formed in another state
TennesseeNot recognized–Not recognized, but courts may apply estoppel
TexasCan still be formed–Informal marriage (Tex. Fam. Code 2.401); both partners 18 or older
UtahCan still be formed–Only through a court or administrative order (Utah Code 81-2-408); petition within 1 year of the end of the relationship
VermontNot recognized––
VirginiaNot recognized––
WashingtonNot recognized–Recognizes one validly formed in another state
West VirginiaNot recognized––
WisconsinAbolished1918Not recognized after 1917
WyomingNot recognized–Recognizes one validly formed in another state

Where official sources disagree

  • South Carolina: the Connecticut report of October 2025 still lists it among the states that allow common-law marriage. The state's Department of Revenue and the Social Security digest say the South Carolina Supreme Court ended it from July 24, 2019 (Stone v. Thompson). This page follows South Carolina's own ruling.
  • Colorado: the Connecticut report's summary places it with the states that abolished it, but its own table only cites the age rule of 2006. The Social Security digest lists it as recognized, both partners 18 or older. This page shows it as recognized.
  • Iowa and the District of Columbia: the Connecticut report says they recognize it for limited purposes (support in Iowa, a court action to affirm the marriage in DC); the Social Security digest lists both as recognized.
  • Alaska: an older legislative guide said Alaska never allowed it; the Social Security digest says it was recognized from March 7, 1939 to December 31, 1963. This page follows the digest.

The usual conditions

  • Both partners are legally able to marry: of age, not married to someone else, not closely related.
  • They agree, now, to be married to each other.
  • They live together in a state that allows common-law marriage.
  • They hold themselves out as married to family, employers, tax authorities and others.

When a formal license is simpler

A licensed marriage leaves a record that any office accepts, while a common-law marriage may have to be proven again for each benefit or inheritance. The cost of a license is low compared with that burden: see marriage license cost by state. In Texas, the Texas page explains both routes.

Marriage license fee in your state

License · Colorado

$30

Who sets the feeeach county or town
Course discountnone
Example–
Work out the license dates →

Questions people ask before ordering

Which states recognize common-law marriage?

Among the jurisdictions covered here: Colorado, District of Columbia, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, Texas and Utah. Conditions differ by state, and some recognize it only for limited purposes. All other states either abolished it at a set date or do not recognize it, though they generally respect one formed validly elsewhere.

How long do you have to live together for a common-law marriage?

No state sets a number of years. What counts is the agreement to be married, living together and presenting yourselves as married, for example by using the same last name or filing joint tax returns, in a state that allows it. Years of cohabitation alone do not create a marriage.

Do you need a divorce to end a common-law marriage?

Yes. A valid common-law marriage is a marriage, so it ends by divorce or death like any other. There is no informal way to undo it by moving out. A couple who are unsure whether they are married should seek legal advice before remarrying.

How do you prove a common-law marriage?

With evidence of the agreement and the conduct: joint tax returns, shared leases or deeds, insurance naming the partner as spouse, statements to others. Texas offers a declaration of informal marriage recorded by the county clerk, which creates a marriage record that can be copied like a licensed marriage.

Related pages

Official pages behind the figures

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