Common-law marriage in the United States

In the United States, common-law marriage is a form of irregular marriage. It survives in only seven U.S. states as of 2022: Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas and the District of Columbia along with some provisions of military law. Further, three other states, Utah, South Carolina, and New Hampshire recognize domestic common law marriage after the fact for limited purposes.

Common-law marriage is a legally recognized union. Formed without a license or ceremony, it has three requirements: (1) mutual agreement, (2) cohabitation, and (3) presenting as a married couple. Despite the lack of formalities surrounding a common-law marriage, it cannot be ended by separation alone; it requires a legal divorce.

Common-law marriage is also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact. The term common law marriage is often used colloquially or by the media to refer to cohabiting couples, regardless of any legal rights that these couples may or may not have, which can create public confusion both in regard to the term and in regard to the legal rights of unmarried partners.