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Home > States that do not recognize common law marriages

A couple cannot be considered married even if they meet all the requirements of common law marriages in states that do not recognize such marriages. However, there is one exception. If you are married in a state that recognizes common law marriages and you move to a state that does not recognize such marriages, you would still be considered married in the new state. Note, however, that many courts have held that the couple must have established residency in the common law recognizing state before moving to the non-recognizing state. Therefore, if you live in California, you cannot go to Alabama for a month and hold yourself as a couple and then return to California and expect California to recognize your common law marriage.