 Common Law Marriage in the United States: A 2023 Overview and Key Case Law
As of 2023, common law marriage remains a nuanced and evolving legal concept in the United States. Common law marriage allows couples to be recognized as legally married without a formal ceremony or marriage license. However, the recognition of common law marriages varies from state to state, and recent developments in case law have further shaped the landscape. In this article, we will explore the common law marriage states in 2023 and delve into key case law that has influenced the legal understanding of this union.
Common Law Marriage States in 2023:
As of my last knowledge update in January 2022, not all states recognize common law marriages, and those that do have different requirements for validity. The following states traditionally recognized common law marriage, and it’s crucial to verify the current status as laws can change:
1. Alabama
2. Colorado
3. District of Columbia
4. Georgia (abolished for marriages entered into after January 1, 1997)
5. Idaho (abolished for marriages entered into after January 1, 1996)
6. Iowa
7. Kansas
8. Montana
9. New Hampshire
10. Ohio (abolished for marriages entered into after October 10, 1991)
11. Oklahoma
12. Pennsylvania
13. Rhode Island
14. South Carolina
15. Texas
16. Utah
Note: The status of common law marriage can change, so it’s essential to consult the latest legal sources for the most up-to-date information.
Key Case Law:
1. Reynolds v. United States (1964):
– In this case, the U.S. Supreme Court established the principle that common law marriages, when validly contracted in a state that recognizes them, must be recognized by other states under the Full Faith and Credit Clause of the U.S. Constitution.
2. Lucas v. Johnson (1988) – South Carolina
– This South Carolina case emphasized the importance of mutual intent and holding out as married for a common law marriage to be valid. The court held that both elements were necessary for a common law marriage to exist.
3. Bower v. Bower (2003) – Texas
– The Texas Supreme Court clarified that informal marriage, the term used in Texas for common law marriage, requires three elements: an agreement to be married, living together in Texas as spouses, and representing to others that they are married.
4. Jones v. Hallahan (1973) – Kentucky
– This case was significant in that it challenged the traditional notion that only a man and a woman could enter into a common law marriage. The Kentucky Supreme Court ruled that gender-specific language in the state’s marriage statutes was unconstitutional.
Common law marriage continues to be a dynamic and state-specific area of family law in the United States. As of 2023, understanding the nuances of common law marriage and being aware of key case law developments is essential for individuals residing in or contemplating such unions in states that recognize them. Always consult with legal professionals for the most accurate and current information.
