Getting a Common Law Marriage Recognized in a Non-Common-Law State

Benjamin C. Wolf, Hofstra University

Abstract

Although most states have abolished common law marriage, a state may still recognize such a marriage established in another state which still recognizes common law marriages as valid, pursuant to the “full faith and credit” clause of the U.S. Constitution. This article discusses some of the requirements that one may meet in order to have a common law marriage recognized even in states which do not themselves recognize common law marriage as valid.