Common Law Marriages

1. Arizona does not recognize the common law marriage of co-habitants in the state of Arizona.  However, for the purposes of establishing paternity, Arizona does recognize the common law marriages of those states whose statutes allow common law marriages.

1. Common requirements for a valid common law marriage in these states include:

1. Continuous cohabitation,
2. Capacity (old enough and free to marry),
3. An agreement or intention to be married, and
4. Representation of marriage to others (public declaration) such as:

1. Using the same last name
2. Filing joint tax returns
3. Referring to each other as husband and wife
4. Conduct inducing the public to believe you married

2. The following eleven (11) states and the District of Columbia currently recognize common law marriages:

1. Alabama
2. Colorado
3. District of Columbia
4. Iowa (marriage is recognized, but not for paternity establishment)
5. Kansas
6. Louisiana
7. Montana
8. Oklahoma
9. Rhode Island
10. South Carolina
11. Texas
12. Utah

3. Some states have abolished common law marriage by statute, but do recognize any common law marriage established prior to the effective date abolishing this type of marriage.

1. To determine if a specific state recognizes common law marriage prior to the effective date of abolishing it, reference the Intergovernmental Reference Guide (IRG).

Note: When the existence or validity of a common law marriage is in question, always refer the case to your office attorney to research the laws of that particular state.

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