
Common Law Marriage in South Dakota: Is It Recognized? (2026)
South Dakota does not recognize new common law marriages. SDCL 25-1-29 abolished formation after July 1, 1959. South Dakota does recognize valid out-of-state CLMs.
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South Dakota does not recognize new common law marriages. SDCL 25-1-29 abolished formation after July 1, 1959. South Dakota does recognize valid out-of-state CLMs.

Virginia does not recognize common law marriage formed within the state. Va. Code section 20-13 requires a license and solemnization. Virginia does recognize a valid common law marriage formed in another state.

Tennessee does not allow couples to form a common-law marriage. Under Tenn. Code Ann. section 36-4-104, marriage requires a license. Tennessee does recognize valid common-law marriages from other states.

South Carolina abolished new common law marriages on July 24, 2019, in Stone v. Thompson. Pre-2019 CLMs remain valid but require clear and convincing proof. Learn the rules.

Ohio abolished common law marriage on October 10, 1991 under ORC 3105.12. Pre-cutoff Ohio CLMs remain valid. Ohio recognizes valid out-of-state common law marriages.

North Dakota does not recognize common law marriage formed in-state. NDCC 14-03-10 requires a license and solemnization. North Dakota does recognize valid out-of-state common law marriages.

North Carolina has never recognized common law marriage formation. N.C.G.S. Section 51-1 requires a ceremony. NC recognizes valid out-of-state CLMs. Learn the rules.

Oregon does not recognize common law marriage -- ORS Chapter 106 requires a license and ceremony. Learn what rights unmarried partners have in Oregon and when Oregon recognizes out-of-state common law marriages.

Rhode Island still recognizes new common law marriages under Sardonis v. Sardonis (1970). Learn the two-part test, how to prove it, the 7-year myth, and how a CLM ends.

Oklahoma recognizes common law marriage. Learn the three requirements under Standefer v. Standefer (2001 OK 37), how to prove one, why the 7-year rule is a myth, and how it ends.

Pennsylvania abolished common law marriage effective January 1, 2005, under 23 Pa.C.S. section 1103. Pre-2005 CLMs remain valid. Learn requirements, how to prove one, and out-of-state recognition.

New York abolished common law marriage formation on April 29, 1933, under Dom. Rel. Law Section 11. New York recognizes valid common law marriages from other states. Learn the rules.