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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.

Indiana does not recognize common law marriages created within the state. The state abolished the recognition of common law marriages that were established after January 1, 1958. However, Indiana does recognize common law marriages that were legally established in other states where such unions are recognized, in accordance with the Full Faith and Credit Clause of the U.S. Constitution. This means that while no new common law marriages can be formed in Indiana, those legally formed in other states are considered valid for purposes of recognition in Indiana, such as for inheritance or divorce proceedings.

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Marriage

common law or informal

Individual & Family Legal Plan

Articles

Indiana State Code

Indiana State Code

Marriage

common law or informal

Articles