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Marriage

common law or informal

Common law marriage—also known as marriage without formalities or informal marriage—is marriage without a wedding or marriage ceremony and without a marriage license. Some states recognize common law marriage under certain circumstances—such as when the parties agree to be married, live together (cohabit) after agreeing to be married, and represent to others that they are married (holding themselves out as a married couple).

Other states previously recognized common law marriages, but no longer recognize such marriages after a certain date on which the law was changed—usually by statute. In other states, common law marriage has not been recognized by the legislature in a statute, but the courts have recognized common law marriage in court opinions or case law.

In Idaho, common law marriage is not recognized for any relationship that began after January 1, 1996. Prior to this date, Idaho did recognize common law marriages if the couple met certain criteria: they must have agreed to be married, lived together as a married couple, and held themselves out to the public as being married. However, for relationships that began after the cutoff date, the state requires couples to obtain a marriage license and have a formal ceremony to be legally recognized as married. It's important for individuals in Idaho to be aware that cohabitation and presenting themselves as a married couple does not confer legal marriage status under current state law.

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Marriage

common law or informal

As a LegalFix Member You Will Be an Important Client of Local Law Firms

Articles

Idaho State Code

Idaho State Code

Marriage

common law or informal

Articles