How to Determine if a Common Law Marriage is Legal

Common law marriage is very uncommon today, and just because you live with someone for an extended amount of time does not mean you are married. There are requirements, and very few states actually recognize a common law marriage. These include Washington D.C., Alabama, Colorado, Rhode Island, Kansas, Iowa, South Carolina, Texas, Utah and Montana.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Phone Book
• Telephone
• Computer with Internet access

How To Determine If A Common Law Marriage Is Legal

1. There are four requirements that you have to meet for there to be an idea of a Common Law Marriage. These requirements are: You must live together. You must be together for a specific period of time. You have to intend to be married. And lastly, you have to present yourselves as a married couple.
2. If the state that you live in recognizes your common law marriage, then the Social Security Administration will also recognize it. You are considered married if you lived in the state where your common law marriage is recognized, and you file taxes jointly for that year, while living as a common law couple.
3. There are restrictions from certain states on common law marriages that took place before or after a certain date. The legality of any common law marriage is determined by the state you reside in, not by the state it was performed in.
4. Do a general search for your state on the Internet concerning common law marriage. There are no statutes on common law same sex marriages at this time.

Tips & Warnings

• Contact your County Clerks Office of the Court to get more information on your specific state statutes.