Common law marriage allows a couple to become legally married without a formal wedding ceremony or marriage license in certain states. However, only a small number of U.S. states still recognize new common law marriages, and each state has its own legal requirements.
Some states automatically recognize a common law marriage when the legal requirements are met, while others—such as Utah—require a court to officially recognize the relationship.
This guide explains the common law marriage requirements by state, the states that still allow common law marriage, and how the rules differ across the United States.
Quick Answer
| Question | Answer |
| How many states recognize new common law marriage? | Nine states and the District of Columbia recognize new common law marriages in some form. |
| Do all states have the same requirements? | No. Each state has its own legal standards. |
| Is living together enough? | No. Living together alone does not create a common law marriage. |
| Is a divorce required to end a common law marriage? | Yes. Once legally established, a common law marriage must generally be dissolved through divorce. |
States That Recognize Common Law Marriage
As of 2026, the following jurisdictions recognize new common law marriages:
| State | Recognizes New Common Law Marriage? | Key Requirement |
| Colorado | ✅ Yes | Mutual agreement and conduct showing a marital relationship |
| Iowa | ✅ Yes | Present intent to marry, cohabitation, and public representation |
| Kansas | ✅ Yes | Capacity to marry, mutual agreement, and holding out as married |
| Montana | ✅ Yes | Mutual consent and public representation |
| Oklahoma* | ✅ Limited | Recognition depends on specific legal circumstances |
| Rhode Island | ✅ Yes | Serious intent to be married and conduct consistent with marriage |
| Texas | ✅ Yes | Agreement to marry, cohabitation, and holding out as married |
| Utah | ✅ Yes | Court recognition of a marriage not solemnized |
| District of Columbia | ✅ Yes | Mutual agreement and public recognition |
Note: Oklahoma law has been the subject of differing court decisions over the years. Couples should seek legal advice if relying on a claimed common law marriage in Oklahoma.
Common Law Marriage Requirements by State
Colorado
Colorado recognizes common law marriage based on the totality of the relationship rather than a strict checklist.
Courts generally consider:
- Mutual agreement to be married
- Conduct showing a marital relationship
- Public representation as spouses
- Shared life and financial responsibilities
There is no minimum period of cohabitation.
Iowa
In Iowa, courts generally require evidence that the couple:
- Had the legal capacity to marry
- Intended to be presently married
- Lived together
- Publicly represented themselves as spouses
No specific number of years is required.
Kansas
Kansas generally requires:
- Legal capacity to marry
- Mutual present agreement to marry
- Publicly holding yourselves out as married
Kansas does not require a marriage license or wedding ceremony.
Montana
Montana recognizes common law marriage when the couple:
- Has legal capacity to marry
- Mutually consents to be married
- Publicly represents themselves as husband and wife or spouses
Living together alone is not sufficient.
Oklahoma
Oklahoma’s treatment of common law marriage is unique because the law has developed through court decisions rather than clear legislation.
Courts may consider:
- Mutual agreement
- Cohabitation
- Public representation
- Evidence showing intent to be married
Because the law can be complex, couples should obtain legal advice if their marital status is disputed.
Rhode Island
Rhode Island recognizes common law marriage if the couple demonstrates:
- Serious intent to enter a marital relationship
- Conduct that clearly shows they considered themselves married
- Public recognition of the relationship
The evidence must clearly establish the existence of a marriage.
Texas
Texas recognizes what it calls an informal marriage.
Generally, couples must:
- Agree to be married
- Live together in Texas
- Represent themselves publicly as married
Texas also allows couples to file a Declaration of Informal Marriage, although doing so is optional.
Utah
Utah follows a unique process.
Generally, couples must show:
- Legal capacity to marry
- Mutual agreement
- Cohabitation
- Public representation as spouses
- Assumption of marital responsibilities
Unlike most states, a court or authorized administrative body must recognize the marriage before it becomes legally valid.
District of Columbia
The District of Columbia generally requires:
- Mutual agreement to be married
- Intent to establish a marital relationship
- Public recognition of the relationship
Once established, the marriage has the same legal effect as a ceremonial marriage.
States That Do Not Recognize New Common Law Marriage
Most U.S. states do not allow couples to establish a new common law marriage.
Examples include:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Nebraska
- Nevada
- New Hampshire (limited inheritance purposes only)
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oregon
- Pennsylvania
- South Carolina (ended new common law marriages in 2019)
- South Dakota
- Tennessee
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Many of these states still recognize valid common law marriages established in another state under the Full Faith and Credit Clause of the U.S. Constitution.
Common Requirements Across Most States
Although each state has different laws, states that recognize common law marriage often look for similar factors:
- Both parties are legally eligible to marry.
- Both agree they are married.
- They live together.
- They publicly represent themselves as spouses.
- Their conduct demonstrates a marital relationship.
No state recognizes a common law marriage simply because a couple has lived together for a certain number of years.
Common Misconceptions
Myth: Living together for seven years automatically creates a marriage.
False. No state has a universal “seven-year rule.”
Myth: Every state recognizes common law marriage.
False. Most states no longer allow new common law marriages.
Myth: Having children creates a common law marriage.
False. Children alone do not establish a legal marriage.
Myth: Common law marriages are less valid.
False. Once legally established, a common law marriage generally has the same legal effect as a ceremonial marriage.
Frequently Asked Questions
Which states recognize common law marriage?
As of 2026, Colorado, Iowa, Kansas, Montana, Oklahoma (limited circumstances), Rhode Island, Texas, Utah, and the District of Columbia recognize new common law marriages.
Do all states have the same common law marriage requirements?
No. Each state has its own legal standards for recognizing a common law marriage.
Can living together alone create a common law marriage?
No. Living together by itself is not enough in any state.
Do common law spouses have the same legal rights as married couples?
Yes. Once a common law marriage is legally established, spouses generally have the same legal rights and responsibilities as couples who had a ceremonial marriage.
Do you need a divorce to end a common law marriage?
Yes. A valid common law marriage generally must be dissolved through a formal divorce.
Do states that do not recognize common law marriage honor valid marriages from other states?
In many cases, yes. Most states recognize common law marriages that were legally established in a state where they are valid.
Final Thoughts
Common law marriage is recognized in only a handful of U.S. states, and the legal requirements vary by jurisdiction. While most states require a mutual agreement to be married and evidence that the couple publicly held themselves out as spouses, some—like Utah—also require court recognition. If you believe you may have a common law marriage, understanding your state’s specific requirements is essential because a legally recognized common law marriage carries the same rights and responsibilities as a traditional marriage, including the need for a formal divorce if the relationship ends.