Marriage Law

The Truth About Common Law Marriage

Executive summary about marriage law Jeffrey Broobin

There is a difference between common marriage law and cohabitation. In some cases if you are a cohabitant, you could be considered single and in some cases if you are common law married you are considered married as if you did it the traditional way.

The difference between cohabitation and common marriage law is critical. If you are a cohabitant, you may be legally considered single; if you are common law married, you are legally considered married to the same degree as if you had a ceremony. So, how do you know if you are married in the eyes of the law? Common marriages law are recognized in only certain states, including the District of Columbia, Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah.

Common law marriages typically are limited to heterosexual couples.

The Legal Fiction of Common Marriage Law

Executive summary about marriage law by Johnette Duff

During a radio-talk show appearance, a caller told me about his unfortunate brush with the legal fiction of common-marriage law. What qualifies as a common-marriage law? Take your pick:

Living together six months

Living together seven years?

A common misconception is that the length of cohabitation creates common-law status. Live together

Agree between themselves to be marriage 

Signing leases as husband and wife or filing joint income tax returns are examples of the proof used to imply a common-marriage law.

Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah and D.C. recognize common-marriages law. Ohio repealed its recognition in 1992. Other states may recognize an informal marriage if it was originally contracted within one of these states.