From the Nolo Family Law & Immigration Center
Common Law Marriage FAQ
Learn what common law marriage is and in what
states it s recognized.
» What is a common law marriage?
Which
states recognize common law marriage?
Can
I change my name if my marriage is common law?
What is a common law
marriage?
In a handful of states (listed below), heterosexual couples can become
legally married without a license or ceremony. This type of marriage is called a
common law marriage. Contrary to popular belief, a common law marriage is not
created when two people simply live together for a certain number of years. In
order to have a valid common law marriage, the couple must do all of the
following:
- live together for a significant period of time (not defined in any state)
- hold themselves out as a married couple -- typically this means using the
same last name, referring to the other as "my husband" or "my wife," and filing
a joint tax return, and
- intend to be married.
When a common law marriage exists, the spouses receive the same legal
treatment given to formally married couples, including the requirement that they
go through a legal divorce to end the marriage. Common Law Marriage FAQ
Learn what common law marriage is and in what
states it s recognized.
What
is a common law marriage?
» Which states recognize common law marriage?
Can
I change my name if my marriage is common law?
Which states recognize
common law marriage?
Common law marriage is recognized only in the following states:
|
Alabama
Colorado
District of Columbia
Georgia (if created before
1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New
Hampshire (for inheritance purposes only)
Ohio (if created before
10/10/91)
Oklahoma
Pennsylvania
Rhode Island
South
Carolina
Texas
Utah |
Learn what common law marriage is and in what states it s recognized.
What
is a common law marriage?
Which
states recognize common law marriage?
» Can I change my name if my marriage is common law?
Can I change my name if
my marriage is common law?
Yes, anyone can change his or her name. In theory, most states allow you to
legally change your name by usage only -- meaning that you simply start using
your new name without any court action, and at no cost.
However, practically speaking, since you don t have a marriage certificate,
you will need an official court order changing your name before you ll get
government agencies and many private companies, such as banks and title
companies, to accept your new name.
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