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How to Know if Your Common Law Marriage is Recognized

Common law marriage is not as common as many people believe.

Difficulty Level: easy      Time Required: varies


Here's How:
  1. Ascertain if the state/country you are living in recognizes common law marriages.
  2. There are four requirements for a valid common law marriage. Just living together isn't enough to validate a common law marriage.
  3. You must live together.
  4. You must present yourselves to others as a married couple. Some ways of doing this are by using the same last name, referring to one another as husband or wife, and filing a joint tax return.
  5. Although not defined, you have to be together for a significant period of time.
  6. You must intend to be married.
  7. In the U.S., every state is Constitutionally required to recognize as valid a common-law marriage that was recognized in another state.
Tips:
  1. Common law marriages are recognized by: Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, Utah and Washington, D.C.
  2. Some of these have restrictions and only recognize common law marriages performed by a certain date: Georgia, January 1, 1997; Idaho, January 1, 1996; Ohio, October 10, 1991.
  3. New Hampshire only recognizes common law marriages for probate purposes.

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