Reply #16: There are still a number of states that recognize common law [View All]

[Ms. Toad]

marriages. Where they are recognized, the couple is legally married for all purposes.

In Ohio, for example, a couple who established a common law marriage before around 1991 (after which no new common law marriages could be recognized) is still legally married unless they have sought a divorce through the court system. To establish a common law marriage in Ohio, a couple had to be legally eligible to be married, live together (even for only a day), believe themselves to be married, and hold themselves out to be married.

The rules vary by state - and not too many states allow new common law marriages to be established - but any state that ever recognized them still recognizes those that were established prior to the date new common law marriages could be formed (and all states and the Federal Government recognize marriages that were lawful marriages in the state in which they were formed at the time the marriage was formed). The variation in requirements generally is in how long the couple has to live together.