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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.
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.
Common-law marriages have been recognized in Colorado since 1887, and in 1987 the Colorado Supreme Court, in People v. Lucero , set out requirements for the existence of a common-law marriage. The decision held that couples' conduct, including cohabitation or taking the partner's surname, as well as their reputation in the community, were ...
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 ...
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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.
In California, the governing law is found in California Family Code sections 302 and 304 (2019): "An unmarried person under 18 years of age may be issued a marriage license upon obtaining a court order granting permission to the underage person or persons to marry, in accordance with the requirements described in Section 304."
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]