Common Law

Common law marriage is a marriage that results from the actions of a couple despite the fact that they have not obtained a marriage license or fulfilled the requirements of a state's statutory marriage laws. Typically this means that a couple has lived together for a significant period of time, while having an agreement to be married and presenting themselves to the public as husband and wife. No state stipulates the exact time period, but generally a ten year old relationship is required. The evidence to prove the necessary intent includes such things as sharing the same last name, filing of joint tax returns and referring to each other as husband or wife.

Not every state permits common law marriages. As a result of the laws of different states, actions which can result in common law marriage in one state may not provide any legal rights or protections in another.

There are few states that recognize common law marriages.

States permitting certain common law marriages:

Georgia (if the elements were met prior to January 1, 1997)

Idaho (if the elements were met prior to January 1, 1996)

New Hampshire (for inheritance only)

Ohio (if the elements were met prior to October 10, 1991)

Pennsylvania (if the elements were met prior to January 1, 2005)

In states which recognize common law marriage, once the requirements are satisfied, the marriage is treated in the exact same manner as any other marriage. Therefore, a valid common law marriage must typically be ended through a formal divorce process.

DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.

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