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 Massachusetts, common law marriage is not recognized, regardless of the length of the relationship or whether a couple holds themselves out as married. Massachusetts law requires that all marriages be solemnized (i.e., a formal marriage ceremony) and a valid marriage license be obtained for a marriage to be legally recognized. This means that no matter how long a couple has lived together or presented themselves as married to the public, they will not be considered legally married in the eyes of Massachusetts law. Couples who wish to be legally recognized as married must follow the formal process, which includes obtaining a marriage license and having a ceremony performed by an authorized officiant.