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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.

Maine does not recognize common law marriage. The state requires couples to obtain a marriage license and have a formal ceremony to be legally married. However, Maine does recognize common law marriages that were established in other states where such unions are legally recognized. This means that if a couple has legally established a common law marriage in a state that recognizes such unions, and they move to Maine, their marriage will be recognized by the state of Maine. It's important for individuals in Maine to understand that living together, referring to each other as husband and wife, and sharing financial responsibilities does not create a common law marriage within the state.

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Marriage

common law or informal

Individual & Family Legal Plan

Articles

Maine State Code

Marriage

common law or informal

Maine State Code

Articles