All Comparison Tables
Common Law Marriage
Compare which states recognize common law marriage, whether existing marriages are grandfathered, and specific requirements across all 50 states.
50 States2 data columnsLast updated: 2025-11-20
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| State | Recognized | Requirements |
|---|---|---|
| AL - Alabama | No (abolished 2017) | Abolished Jan 1, 2017; marriages before that date still valid |
| AK - Alaska | No | Not recognized; ceremonial marriage required |
| AZ - Arizona | No | Not recognized; will recognize valid common-law marriages from other states |
| AR - Arkansas | No | Not recognized since 1943 |
| CA - California | No | Not recognized; recognizes valid common-law marriages from other states |
| CO - Colorado | Yes | Mutual agreement, cohabitation, public reputation as married |
| CT - Connecticut | No | Not recognized |
| DE - Delaware | No | Not recognized |
| FL - Florida | No (abolished 1968) | Abolished Jan 1, 1968; marriages before that date still valid |
| GA - Georgia | No (abolished 1997) | Abolished Jan 1, 1997; marriages before that date still valid |
| HI - Hawaii | No | Not recognized |
| ID - Idaho | No (abolished 1996) | Abolished Jan 1, 1996; marriages before that date still valid |
| IL - Illinois | No | Abolished in 1905 |
| IN - Indiana | No (abolished 1958) | Abolished Jan 1, 1958; marriages before that date still valid |
| IA - Iowa | Yes | Intent to be married, continuous cohabitation, public declaration |
| KS - Kansas | Yes | Both 18+, mental capacity, mutual agreement, holding out as married |
| KY - Kentucky | No | Not recognized |
| LA - Louisiana | No | Not recognized |
| ME - Maine | No | Not recognized |
| MD - Maryland | No | Not recognized (but will recognize valid ones from other states) |
| MA - Massachusetts | No | Not recognized |
| MI - Michigan | No (abolished 1957) | Abolished Jan 1, 1957; marriages before that date still valid |
| MN - Minnesota | No (abolished 1941) | Abolished Apr 26, 1941; marriages before that date still valid |
| MS - Mississippi | No (abolished 1956) | Abolished Apr 5, 1956; marriages before that date still valid |
| MO - Missouri | No | Not recognized |
| MT - Montana | Yes | Both competent, mutual consent, cohabitation, reputation as married |
| NE - Nebraska | No (abolished 1923) | Abolished 1923; marriages before that date still valid |
| NV - Nevada | No | Not recognized |
| NH - New Hampshire | No (limited estate purposes) | Recognized only for inheritance if cohabiting 3+ years at death |
| NJ - New Jersey | No | Not recognized |
| NM - New Mexico | No | Not recognized (but courts have occasionally recognized under equity) |
| NY - New York | No (abolished 1933) | Abolished Apr 29, 1933; marriages before that date still valid |
| NC - North Carolina | No | Not recognized |
| ND - North Dakota | No | Not recognized |
| OH - Ohio | No (abolished 1991) | Abolished Oct 10, 1991; marriages before that date still valid |
| OK - Oklahoma | Yes | Mutual agreement, cohabitation, exclusive relationship, holding out as married |
| OR - Oregon | No | Not recognized |
| PA - Pennsylvania | No (abolished 2005) | Abolished Jan 1, 2005; marriages before that date still valid |
| RI - Rhode Island | Yes | Serious intent, conduct demonstrating marriage, public recognition |
| SC - South Carolina | No (abolished 2019) | SC Supreme Court abolished in 2019; existing recognized |
| SD - South Dakota | No | Not recognized |
| TN - Tennessee | No | Not recognized |
| TX - Texas | Yes | Agreement to be married, cohabitation, represent to others as married (Tex. Fam. Code § 2.401) |
| UT - Utah | Yes | Court or administrative order required; must prove legal capacity, cohabitation, mutual assumption of marital rights |
| VT - Vermont | No | Not recognized |
| VA - Virginia | No | Not recognized |
| WA - Washington | No | Not recognized (but has committed intimate relationship doctrine for property) |
| WV - West Virginia | No | Not recognized |
| WI - Wisconsin | No | Not recognized |
| WY - Wyoming | No | Not recognized |
This information is provided for general educational purposes only and may not reflect the most recent legislative changes. Always verify current law with official state sources or consult a licensed attorney in the relevant jurisdiction.