Which States Recognize Common-Law Marriage (2026)
Every state's rule on common-law marriage: recognized, abolished (and when), or never recognized.
| State | Common-law marriage |
|---|---|
| Alabama | No new common-law marriages can be formed in Alabama on or after January 1, 2017. A valid common-law marriage formed before that date is still recognized. Ala. Code § 30-1-20 |
| Alaska | Alaska law requires both a marriage license and a ceremony (solemnization) for a marriage, and a marriage performed in Alaska is not valid without solemnization. Alaska Stat. § 25.05.011 |
| Arizona | No. A marriage cannot be formed in Arizona by agreement without a ceremony; a marriage contracted in Arizona requires a license and solemnization. Marriages that were valid where they were formed are generally valid in Arizona. Ariz. Rev. Stat. §§ 25-111, 25-112 |
| California | No. Under California law, consent alone does not create a marriage; it must be followed by a marriage license and solemnization (with limited statutory exceptions). A marriage validly formed in another jurisdiction is recognized in California. Cal. Fam. Code §§ 300, 308 |
| Colorado | Yes, Colorado recognizes common-law marriage. A common-law marriage entered on or after September 1, 2006 is valid only if each party was at least 18 and the marriage is not otherwise prohibited by law. Divorcing a common-law spouse uses the same court process as any marriage. C.R.S. § 14-2-109.5 |
| Connecticut | No. Connecticut does not recognize common-law marriages formed in Connecticut. The Judicial Branch law library guide quotes the Connecticut Supreme Court: although other jurisdictions may recognize common-law marriage, Connecticut definitely does not. The guide also covers recognition of out-of-state marriages under Conn. Gen. Stat. § 46b-28a. Connecticut Judicial Branch Law Library, Marriage in Connecticut research guide, Section 6 (citing McAnerney v. McAnerney, 165 Conn. 277 (1973)) |
| Florida | No. Common-law marriages entered into after January 1, 1968 are not valid in Florida. Common-law marriages formed before that date are not affected. Fla. Stat. § 741.211 |
| Georgia | No new common-law marriages can be formed in Georgia on or after January 1, 1997. Common-law marriages validly formed before that date are still recognized. O.C.G.A. § 19-3-1.1 |
| Hawaii | No. Hawaii does not recognize common-law marriages formed in Hawaii; a marriage must meet the licensing and solemnization requirements of state law. HRS § 572-1 and annotations (Att. Gen. Op. 73-5; 638 F. Supp. 1251 (1986)) |
| Idaho | No. Since January 1, 1996, Idaho requires a license and solemnization, and a marriage created only by mutually assuming marital rights and duties is not recognized. Common-law marriages formed before January 1, 1996 remain valid. Idaho Code § 32-201 |
| Illinois | No. Common-law marriages entered into in Illinois after June 30, 1905 are invalid. 750 ILCS 5/214 |
| Indiana | No. A common-law marriage entered into in Indiana after January 1, 1958 is void. Ind. Code § 31-11-8-5 |
| Kansas | Kansas continues to recognize common-law marriage, but not if either party is under 18 years of age. K.S.A. 23-2502 |
| Kentucky | No. A marriage that is not solemnized or contracted in the presence of an authorized person or society is prohibited and void in Kentucky. KRS 402.020(1)(c) |
| Louisiana | No. A marriage ceremony is a requirement of a valid marriage in Louisiana, and a marriage contracted without a ceremony is absolutely null. La. Civil Code arts. 87, 94 |
| Maryland | No. A common-law marriage cannot be created in Maryland. Maryland does recognize a common-law marriage validly created in another state or country that allows it, and those spouses must go to court to divorce. Maryland People's Law Library (Maryland Thurgood Marshall State Law Library), Common Law Marriage |
| Michigan | No, not for marriages formed on or after January 1, 1957. Since that date, consent alone does not create a legal marriage; it must be followed by a marriage license and a ceremony. MCL 551.2 |
| Minnesota | No. Since April 26, 1941, a marriage is valid only if a license was obtained and the marriage was solemnized in the presence of two witnesses by someone authorized (or believed in good faith to be authorized). Marriages after that date not contracted this way are void. Minn. Stat. § 517.01 |
| Mississippi | No, not for marriages formed after April 5, 1956. Since then, a marriage is valid only if the couple obtained a marriage license and the marriage was performed by an authorized person; otherwise it is void. Common-law marriages formed before April 5, 1956 are not affected. Miss. Code Ann. § 93-1-15 |
| Missouri | No. Missouri law states that common-law marriages are null and void; a marriage is recognized only if a license was obtained and the marriage was solemnized by an authorized person. RSMo § 451.040.1, .5 |
| Montana | Yes. Montana's marriage statutes state that common-law marriages are not invalidated. A couple may also file a declaration of marriage without solemnization with the district court clerk ($53 fee). Mont. Code Ann. § 40-1-403; Mont. Code Ann. § 25-1-201(1)(o) |
| Nebraska | Not recognized for marriages entered in Nebraska. No marriage is recognized as valid unless a license was obtained from a Nebraska county clerk and the marriage was solemnized by an authorized person. Neb. Rev. Stat. § 42-104 |
| Nevada | Not recognized for marriages after March 29, 1943. Consent alone does not create a marriage; it must be followed by solemnization, and a license is required. Marriage contracts in effect before that date are not invalidated. NRS 122.010, 122.040 |
| New Hampshire | New Hampshire does not generally recognize common-law marriage, with one exception: people who lived together, acknowledged each other as spouses, and were generally reputed to be married for 3 years until one of them died are treated as having been legally married after that death. RSA 457:39 |
| New Jersey | Not recognized for marriages entered on or after December 1, 1939. A marriage after that date is valid only if the couple obtained a marriage license and the marriage was performed by an authorized officiant; otherwise it is void. Common-law marriages contracted before that date are not invalidated. N.J.S.A. 37:1-10 |
| New Mexico | A marriage under New Mexico law requires a license from a New Mexico county clerk and a ceremony in New Mexico, so a common-law marriage cannot be formed in New Mexico. Marriages validly formed in another place are recognized as valid in New Mexico. NMSA 1978 §§ 40-1-4, 40-1-10 |
| New York | A marriage entered in New York is valid only if it is solemnized by an authorized officiant (such as clergy, certain public officials or judges) or by a written contract signed by the spouses and at least two witnesses and acknowledged before a judge. A common-law marriage therefore cannot be formed in New York. N.Y. Domestic Relations Law § 11 |
| North Carolina | A valid marriage is created by consent expressed in the presence of an authorized officiant (such as an ordained minister or magistrate) with a declaration that the couple is married, or by another recognized mode of solemnization. A common-law marriage cannot be formed in North Carolina. N.C. Gen. Stat. § 51-1 |
| North Dakota | North Dakota law provides that the marriage relation may be entered into only as provided by law, and a marriage may not be solemnized without a license issued no more than sixty days before the marriage. Marriages validly contracted outside the state are generally recognized as valid in North Dakota. N.D. Cent. Code §§ 14-03-01, 14-03-08, 14-03-10 |
| Ohio | No new common-law marriages can be formed in Ohio on or after October 10, 1991. Common-law marriages formed in Ohio before that date, and valid common-law marriages formed in states or countries that allow them, remain valid unless ended by death, divorce, dissolution or annulment. Ohio Rev. Code 3105.12 |
| Pennsylvania | No common-law marriage contracted after January 1, 2005 is valid in Pennsylvania. Common-law marriages that were otherwise lawful and contracted on or before January 1, 2005 remain valid. 23 Pa.C.S. 1103 |
| South Dakota | Marriages must be solemnized, authenticated and recorded. Common-law marriages consented to and consummated before July 1, 1959 are not invalidated; new common-law marriages cannot be formed in South Dakota after that date. SDCL 25-1-29 |
| Texas | Yes. Texas recognizes informal (common-law) marriage. It can be proved by a signed declaration of informal marriage registered with the county clerk, or by showing the couple agreed to be married, then lived together in Texas as spouses and represented to others that they were married. If a case to prove the marriage is not filed within two years after the couple separated, it is presumed there was no agreement to be married. A person under 18, or a person already married to someone else, cannot enter an informal marriage. Tex. Fam. Code §§ 2.401, 2.402 |
| Utah | Utah does not allow informal marriage without a license, but a court may validate a marriage that was not solemnized if the couple were of legal age and able to consent, legally able to marry, lived together, mutually assumed marital rights and duties, and held themselves out as and had a general reputation as spouses. The petition must be filed during the relationship or within one year after it ends. Under a 2026 amendment, no new petitions may be filed on or after May 5, 2027. Utah Code § 81-2-408 (amended 2026) |
| Vermont | No. Vermont does not recognize common-law marriage. Considering yourself married, or living together for many years, does not make a couple legally married; a marriage license from a town clerk and a solemnized ceremony are required. Vermont Commission on Women, Know Your Rights, Chapter 3: Domestic Relations (2017) |
| Virginia | No. Every marriage in Virginia must be under a license and solemnized as provided by law, so a common-law marriage cannot be formed in Virginia. Va. Code § 20-13 |
| West Virginia | No. Every marriage in West Virginia must be solemnized under a marriage license issued by a county clerk; a marriage ceremony performed without a license is void, and the parties do not become legally married. W. Va. Code § 48-2-101 |
| Wisconsin | No. In Wisconsin, a marriage may be validly made only after a marriage license is issued and only by the couple's mutual declarations before an authorized officiant and (generally) two adult witnesses. Wis. Stat. § 765.16(1m) |
| Wyoming | Wyoming law requires a marriage license from a Wyoming county clerk before any marriage is solemnized in the state, so a marriage cannot be created in Wyoming without a license and ceremony. Marriages that were valid where they were contracted are valid in Wyoming. Wyo. Stat. §§ 20-1-103, 20-1-111 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.