Common Law Marriage FAQ


Learn what common law marriage is and in what states it's recognized.

What's Below:

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.

Back to top

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

Back to top

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.

Back to top

Client Reviews
★★★★★
Mr. Clay exceeded my expectations. I was fighting for custody and child support with a bully of an ex. He was tough with the other lawyer and made sure that I was not taken advantage of. His knowledge and experience was very apparent. I highly recommend Mr. Clay to anyone needing legal aid. K. Aleman
★★★★★
Absolute pro! If you need a Lawyer that truly understand law and can answer any question you present him with, Mr. Clay is your man! I am extremely happy to have him represent me! Picking a lawyer is like picking a real estate agent. So many, so it can be hard but let me tell you I am 100% happy that I picked him and I will forever use him in the future and recommended him to anyone in the San Antonio area that is looking for legal representation. P. Martinez
★★★★★
Mr Clay represented me during my divorce in 2011. He was absolutely incredible throughout the entire process. He is very reasonable and is hands down one of the best attorneys in San Antonio, Texas. I highly recommend him to anyone looking for an attorney!!!!! B. Johnson
Contact Us Free Consultation
J. Michael Clay 210-694-5205