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There is a misconception that if you live with someone in the United States for a period of time, most notably seven years, you are regarded as married by a common law marriage statute. However, this is not the case. Common law marriage is only recognized in sixteen states. While these states recognize common law marriage there are certain stipulations that must be met to be able to have a common law marriage.
There are only nine states and Washington, D.C. that recognize common law marriage. The remaining states only allow common law marriage to be put on the books if they started prior to a certain date. Therefore any common law marriages that started after the new statute would not be recognized.
Depending on the state there are a variety of criteria that need to be met. The only way to be sure is to research your local laws to see if you qualify for a common law marriage in your state. The following are a list of criteria that could allow you to claim you have a common law marriage:
The couple must cohabitate. The couple in question must live together in a residence for a significant period of time. They must refer to each other as husband and wife and have a reputation of being married. This can be achieved by a multitude of actions such as using the same last name and filing joint tax returns. Also, both members of the union must have the legal capacity to consent to marriage as well as have an intent and agreement to marry.
If you are in a common law marriage and had it legally recognized it and for whatever reason wish to separate you must go through a divorce proceeding even though you have not been married. If you live in a state that recognized common law marriage and do not want your union to be recognized as marriage you must make your intent known to the courts.
