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In the United States, common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact is a form of irregular marriage that survives only in seven U.S. states and the District of Columbia along with some provisions of military law; plus two other states that recognize domestic common law marriage after the fact for limited purposes.
Common-law couples are considered legally married without having registered their relationship as a marriage with the state. Parties in a common-law marriage are entitled to all rights, privileges and responsibilities of a legal and binding marriage. Common-law marriages have been recognized in Colorado since 1887, and in 1987 the Colorado ...
However, common-law marriage can still be contracted in Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Utah, Oklahoma and the District of Columbia. [49] [50] [51] Once they meet the requirements of common-law marriage, couples in those true common-law marriages are considered legally married for all purposes and in all circumstances.
States That Recognize Common Law Marriages. States that recognize common law marriages, according to Experian are: Colorado. District of Columbia. Iowa. Kansas. Montana. Oklahoma. Rhode Island ...
On October 6, the Supreme Court declined to hear an appeal of that decision. The Attorney General asked the Tenth Circuit to lift a stay in a similar Colorado case, which would then require Colorado to recognize same-sex marriage. In January 2021, the Colorado Supreme Court made a ruling to retroactively recognise common-law same-sex marriage. [2]
The SSA recognizes a valid common law marriage in the same way as a traditional marriage. You just need to ensure that your common law marriage is established according to the laws of your state.
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[12] In 2006, a state referendum added language to the Colorado Constitution that restricted marriage and common law marriage to couples of different sexes, without mentioning civil unions or domestic partnerships. [13] In November 2024, over 64% of Colorado voters called Amendment J repealed the 2006 anti-gay clause within the state ...