Maine
Common Law Marriage in Maine: Is It Recognized? (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 2 primary sources cited on this page. How we verify our legal content
Maine has never recognized common law marriage. Under 19-A M.R.S. sec. 652, a valid marriage in Maine requires a license, and under 19-A M.R.S. sec. 655, solemnization by an authorized officiant. Maine does recognize a valid common law marriage that was formed in another state that allows it.
Information last verified on June 2, 2026.
Jurisdiction scope: This article addresses Maine state marriage law under 19-A M.R.S. sec. 652 and related provisions, and Maine's recognition of valid out-of-state common law marriages. It does not address the law of other states. For a state-by-state comparison, see Common Law Marriage by State.
Does Maine Recognize Common Law Marriage?
Maine does not allow common law marriage to be formed within the state, and it never has. Maine has required a marriage license and a formal ceremony since the earliest codification of its marriage statutes. The current statutory framework under Title 19-A of the Maine Revised Statutes makes this requirement explicit and unambiguous.
Under 19-A M.R.S. sec. 651, a couple intending to marry must first record notice of their intentions with a municipal clerk or with the State Registrar of Vital Statistics, and under 19-A M.R.S. sec. 652 the clerk or the State Registrar then issues the marriage license. Under 19-A M.R.S. sec. 655, the marriage must be solemnized by a person authorized under Maine law to perform a marriage ceremony. Authorized officiants include a Maine resident who is a justice or judge, a lawyer admitted to the Maine Bar, or a marriage officiant under 5 M.R.S. sec. 90-G, along with ordained ministers of the gospel, clerics engaged in the service of their religious body, and persons licensed to preach, whether or not they reside in Maine. A couple that lives together, presents themselves publicly as married, and considers themselves to be in a marital relationship has not formed a legal marriage under Maine law, regardless of how long the relationship has lasted.
Maine courts have applied this principle consistently. Because Maine has never recognized common law marriage, there is no grandfather date and no class of informal marriages formed in Maine that retain legal validity. Every marriage recognized under Maine law was formed either through the license-and-solemnization process in Maine or through the valid law of another jurisdiction where the couple married.
Requirements for a Valid Marriage in Maine
For a marriage to be valid under Maine law, the following requirements must all be met under Title 19-A M.R.S.:
Marriage license: Both parties must first record notice of their intentions to marry under 19-A M.R.S. sec. 651. Maine residents file in the office of the clerk of the municipality where at least one of them resides, or with the State Registrar of Vital Statistics. If both parties live outside Maine, they may file in any municipal office or with the State Registrar. After the intentions are filed, the clerk or the State Registrar issues the marriage license under 19-A M.R.S. sec. 652, once the parties meet the legal requirements and no legal impediment to the marriage exists.
Waiting period and validity window: Maine imposes no waiting period between issuance of the license and the ceremony. The license is void if not used within 90 days from the day the marriage intentions were filed, under 19-A M.R.S. sec. 652(3). A marriage must be performed within that window or a new license must be obtained.
Solemnization: The marriage must be solemnized in the presence of the parties by a person authorized under 19-A M.R.S. sec. 655, and the officiant's returned marriage record must list at least two witnesses under 19-A M.R.S. sec. 654. Authorized officiants include Maine resident justices and judges, lawyers admitted to the Maine Bar, marriage officiants under 5 M.R.S. sec. 90-G, ordained ministers and other clergy whether they reside in Maine or not, and nonresidents holding a temporary registration certificate from the Office of Data, Research and Vital Statistics.
Legal capacity: Both parties must have the legal capacity to marry. Maine requires both parties to be at least 18 years of age. The Maine Legislature eliminated the former judicial approval path for minors in recent years, raising the minimum age to 18 without exception.
No prohibited relationship: The parties must not be within a prohibited degree of kinship under 19-A M.R.S. sec. 701.
None of these requirements can be satisfied by cohabitation, mutual agreement, or public presentation as a couple. Maine law provides no informal or common law substitute for the license and ceremony.
Does Maine Recognize a Common Law Marriage From Another State?
Yes. Maine will recognize a valid common law marriage that was formed in a state that permits such marriages, provided the couple satisfied the requirements of that state at the time the marriage was created. That recognition rests on comity and on Maine's general conflicts-of-law rule that a marriage valid where celebrated is valid in Maine. It does not rest on the Full Faith and Credit Clause, which has never been held to compel one state to recognize a marriage formed in another.
The place-of-celebration rule has limits. Under 19-A M.R.S. sec. 701(1), a marriage that Maine residents go to another state to have solemnized with the intent to evade Maine law is void in Maine when they return and reside here. Under 19-A M.R.S. sec. 701(1-A), a marriage performed in another state that would violate the impediment provisions in sec. 701(2) to (4), such as the prohibited degrees of kinship or a prior undissolved marriage, is not recognized in Maine and is void if the parties take up residence here.
The states that currently allow couples to form a new common law marriage include Colorado (C.R.S. 14-2-109.5), Iowa, Kansas (recognized by case law), Montana (MCA 40-1-403), Rhode Island, Texas (informal marriage under Tex. Fam. Code 2.401), and the District of Columbia. Utah also allows an "unsolemnized marriage" under Utah Code 81-2-408, but that requires a court or administrative order during the relationship or within one year of its end.
Several other states abolished common law marriage prospectively but still recognize marriages formed before the abolition date. For example, a common law marriage formed in Pennsylvania before January 1, 2005 (23 Pa.C.S. 1103), or in South Carolina before July 24, 2019 (Stone v. Thompson), remains valid and Maine will recognize it.
If a couple formed a valid common law marriage in any of these states and then moved to Maine, Maine treats their marriage as fully valid. The couple would enjoy the same rights as formally married couples under Maine law, including intestate succession rights, spousal testimonial privilege, and access to Maine courts for divorce.
How a Common Law Marriage From Another State Is Proved in Maine
A couple asserting that a valid out-of-state common law marriage exists must prove that the marriage met the requirements of the state where it was formed. Because no Maine records document the marriage, proof typically relies on documentation and witness testimony.
Evidence Maine courts would consider includes:
- Joint federal and state income tax returns filed with both parties identified as married
- Joint bank, investment, or credit accounts held in both names
- Deeds, leases, or mortgage documents listing both parties as spouses
- Life insurance policies or retirement account beneficiary designations naming the other as a spouse
- Affidavits from family members, friends, coworkers, or clergy attesting that the couple held themselves out as married in the state where they lived
- Correspondence, emails, or social media records in which the parties referred to each other as husband and wife
- Medical, insurance, or school records that list the other party as a spouse
Maine courts will apply the substantive law of the state where the common law marriage was allegedly formed to determine what elements were required and whether the evidence establishes those elements. For example, if the alleged marriage was formed in Texas, a Maine court would apply Tex. Fam. Code 2.401 to determine whether the couple met Texas's requirements for an informal marriage.
The party asserting the existence of a common law marriage generally bears the burden of proving it by a preponderance of the evidence, though the standard can be higher in contested proceedings depending on the context.
How a Common Law Marriage Ends in Maine
A valid common law marriage recognized in Maine ends only through a formal judgment of divorce entered by a Maine court of competent jurisdiction or through the death of a spouse. There is no "common law divorce." A couple cannot dissolve a recognized marriage by agreeing to separate, by stopping cohabitation, or by simply declaring the relationship over.
Maine courts have jurisdiction to grant a divorce if either party has resided in Maine for at least six months before the commencement of the action under 19-A M.R.S. sec. 901. The same residency requirement applies whether the marriage to be dissolved was formed through ceremony or recognized as a valid out-of-state common law marriage.
Until a divorce judgment is entered, the parties remain legally married with all attendant rights and obligations under Maine law, including the obligation of spousal support and the right to claim an elective share of a deceased spouse's estate. Separating without that judgment leaves every one of those obligations in place, so get a free case evaluation from a Maine family lawyer on filing the divorce that actually ends the marriage (attorney advertising).
The 7-year myth: A persistent belief holds that cohabiting for seven years automatically creates a common law marriage or that separating for seven years ends one. This is false in every U.S. jurisdiction. No state has ever enacted a seven-year rule. In states that do recognize common law marriage, duration of cohabitation may be considered as circumstantial evidence that a couple treated their relationship as a marriage, but it is never the legal test. In Maine, which requires a license and ceremony, the duration of cohabitation is entirely irrelevant to marital status.
Legal disclaimer: This page provides general legal information about Maine marriage law and common law marriage. It is not legal advice and does not create an attorney-client relationship. Marriage, property, and inheritance issues are fact-specific and may involve the law of multiple states. Consult a licensed Maine family law attorney for advice on your particular situation. Information verified as of June 2, 2026.
Related Maine Laws
Last updated: June 2, 2026.
More Maine Laws
Frequently Asked Questions
Does Maine recognize common law marriage?
Maine does not allow common law marriage to be formed within the state. Under 19-A M.R.S. sec. 652 and sec. 655, a valid Maine marriage requires a marriage license and solemnization by an authorized officiant. Maine has never recognized common law marriage at any point in its legal history. Maine does recognize a valid common law marriage formed in another state that allows such marriages.
How long do you have to live together to be common law married in Maine?
There is no period of cohabitation that creates a common law marriage in Maine. Maine requires a marriage license and a formal ceremony regardless of how long a couple has lived together. The belief that seven years of cohabitation creates a common law marriage is a myth with no basis in Maine law or the law of any other state.
Is common law marriage legal in Maine?
Common law marriage cannot be formed in Maine. 19-A M.R.S. sec. 652 requires a marriage license, and 19-A M.R.S. sec. 655 requires solemnization by an authorized officiant. Maine has never recognized informal marriage by cohabitation. Maine will recognize a valid common law marriage formed in another state that permits it.
Does Maine recognize a common law marriage from another state?
Yes. Maine recognizes a valid common law marriage formed in any state that allows it, provided the couple met that state's legal requirements when the marriage was created. Recognition follows from comity and Maine's conflicts-of-law rule that a marriage valid where celebrated is valid here, not from the Full Faith and Credit Clause. Recognition is not unlimited: under 19-A M.R.S. sec. 701, a marriage entered elsewhere to evade Maine law, or one that would violate Maine's impediment rules, is not recognized here.
What are the requirements for a valid marriage in Maine?
Maine requires both parties to record notice of their marriage intentions with a municipal clerk or the State Registrar of Vital Statistics under 19-A M.R.S. sec. 651 and then obtain the license issued under 19-A M.R.S. sec. 652, to be at least 18 years of age, and to solemnize the marriage before an authorized officiant under 19-A M.R.S. sec. 655, in the presence of at least two witnesses recorded under 19-A M.R.S. sec. 654. The license is valid for 90 days.
How do you end a common law marriage recognized in Maine?
A valid common law marriage recognized in Maine ends only through a formal divorce judgment or death of a spouse. The couple must file for divorce in a Maine court. Maine courts have jurisdiction if either party has resided in Maine for at least six months before filing under 19-A M.R.S. sec. 901. Separation alone does not dissolve a recognized marriage.
What rights do unmarried cohabiting partners have in Maine?
Maine law provides no automatic property or inheritance rights to unmarried cohabitants. Couples who live together without marrying can protect their interests through contracts, wills, beneficiary designations on retirement accounts and life insurance, joint tenancy real estate ownership, and powers of attorney. A licensed Maine family law attorney can advise on the appropriate documents for your situation.
Updates
Removed a citation to In re Estate of Keller, a Kansas estate tax case that does not address common law marriage, from the list of states that still allow it.
Corrected the list of officiants authorized to solemnize a Maine marriage to match the current 19-A M.R.S. sec. 655, corrected where marriage intentions are filed under sec. 651, and replaced the Full Faith and Credit explanation of out-of-state recognition with comity and the place-of-celebration rule as limited by sec. 701.
Corrected two off-by-one Maine statute citations repeated throughout the page: the marriage-license requirement is 19-A M.R.S. sec. 652, not sec. 651 (which is the earlier notice-of-intent filing step), and the who-may-solemnize requirement is 19-A M.R.S. sec. 655, not sec. 654 (which is the officiant's post-ceremony recordkeeping duty). Also fixed a citation to a nonexistent section (sec. 651-A) for the 90-day license validity window.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected Kansas's common-law-marriage basis: it rests on case law (In re Estate of Keller), not K.S.A. 23-2502, which is only the under-18 age bar.
Governing law re-checked for recent changes
Removed the incorrect 19-A M.R.S. section 701 citation for Maine's 18-year marriage-age requirement; section 701 covers marrying to evade the law, consanguinity, guardianship, polygamy, and prior-marriage voidness, not a minimum age.
Governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Maine Revised Statutes, Title 19-A: DOMESTIC RELATIONS, Part 2: MARRIED PERSONS, Chapter 23: MARRIAGE
§ 656LicenseIn forcecited in 2 of our articles
1. Contents of license. A marriage license must have conspicuously printed on it the following words: "The laws of Maine provide that only authorized persons may solemnize marriages in this State." 2. Completed license; ceremony performed. Each marriage license issued must be completed and the certification statement signed by both parties to the intended marriage. The parties' signatures may be obtained at issuance or at the time the marriage is solemnized. The completed license or licenses must be delivered by the parties to the person solemnizing the marriage. Upon completion of the solemnization, which must be performed in the presence of at least 2 witnesses other than the person officiating, the person officiating and the 2 witnesses shall sign the license or licenses, which are then known as the marriage certificate or certificates, and the parties are considered legally married. 3. Name change. If the marriage license indicates that a party intends to change that party's name under section 654, subsection 3, the new name indicated on the license becomes effective upon completion of the marriage license pursuant to subsection 2.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Also relied on in: Maine Marriage License Requirements 2026: $40 Fee, No Wait
§ 651Recording of intentionsIn forcecited in 2 of our articles
1. Place of recording. Residents of the State intending to be joined in marriage shall record notice of their intentions in the office of the clerk of the municipality in which at least one of them resides or with the State Registrar of Vital Statistics. If only one of the parties resides in the State, the parties shall record notice of their intentions in the office of the clerk of the municipality in which the resident party resides or with the State Registrar of Vital Statistics. If there is no clerk in the place of their residence, the notice must be filed with the clerk of an adjoining municipality or with the State Registrar of Vital Statistics. If both parties to a marriage reside outside the State, they must file intentions in any municipal office or with the State Registrar of Vital Statistics. Once the intentions are filed and the license is issued, the parties are free to marry anywhere within the State. 2. Application. The parties wishing to record notice of their intentions of marriage shall submit an application for recording notice of their intentions of marriage.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Tabarek T.H. Aldarraji v. Tareq I. Alolwan (Supreme Judicial Court of Maine 2026, 2026 ME 38)“…2021, ch. 49, §§ 1-2 (effective Oct. 18, 2021) (codified at 19-A M.R.S. §§ 651, 656); P.L. 2021, ch. 651, §§ B-3 to B-…”
- Mark Belliveau v. Janet Whelan (Supreme Judicial Court of Maine 2019, 213 A.3d 617)“…statutory requirements to enter into a valid marriage. See 19-A M.R.S. §§ 651-52, 654-56. Belliveau asks us to create…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 652Issuance of marriage licenseIn forcecited in 4 of our articles
1. Marriage license issued. After the filing of notice of intentions of marriage, except as otherwise provided, the clerk or the State Registrar of Vital Statistics shall deliver to the parties a marriage license specifying the time when the intentions were recorded. 2. Marriage license to nonresidents. 3. Void after 90 days. The license is void if not used within 90 days from the day the intentions were filed in accordance with section 651. 4. Expedited procedure. 5. Informational brochure. 6. Related parties. A marriage license may not be issued to parties related as described in section 701, subsection 2, unless the clerk or State Registrar of Vital Statistics has received from the parties the physician's certificate of genetic counseling required by section 651. 7. Parties who are 17 years of age. 8. Parties under 18 years of age. The clerk or State Registrar of Vital Statistics may not issue a marriage license to a person under 18 years of age. A. [PL 2019, c. 535, §1 (RP).] B. [PL 2019, c. 535, §1 (RP).] C. [PL 2019, c. 535, §1 (RP).]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Tabarek T.H. Aldarraji v. Tareq I. Alolwan (Supreme Judicial Court of Maine 2026, 2026 ME 38)“…to the clerk or Registrar.2 Id. § 654(2). (codified at 19-A M.R.S. § 652); P.L. 2021, ch. 49, §§ 1-2 (effective…”
- State of Maine v. Trevor I. Desrosiers (Supreme Judicial Court of Maine 2024, 2024 ME 77)“…nsent from his or her parents and the county probate judge. 19-A M.R.S. § 652(8) (2020). Therefore, the victim would…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Maine Emancipation Laws: How to Get Emancipated in Maine (2026), Maine Annulment Laws: Grounds, Deadlines and How to File (2026)
§ 654Record of marriagesIn forcecited in 2 of our articles
1. Copy. Every person authorized to unite persons in marriage shall make and keep a record of every marriage solemnized by that person in conformity with the forms and instructions prescribed by the State Registrar of Vital Statistics pursuant to Title 22, section 2701. 2. Return of marriage license. The parties or the person who solemnized the marriage shall return the marriage license to the State Registrar of Vital Statistics or the clerk who issued the license within 15 working days following the date on which the marriage is solemnized. The clerk and the State Registrar of Vital Statistics each shall retain a copy of the license. If a marriage license is returned later than 15 working days following the date on which the marriage is solemnized, the marriage must be marked as a late filing. 3. Statement including officiant and witnesses. The marriage license returned must contain a statement giving the names of the parties united in marriage, place and date of the marriage, the new name of either party if either party intends to change that party's name, the signature of the person by whom the marriage was solemnized and the names of the 2 witnesses.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Tabarek T.H. Aldarraji v. Tareq I. Alolwan (Supreme Judicial Court of Maine 2026, 2026 ME 38)“…h. 651, §§ B-3 to B-7 (effective July 1, 2023) (codified at 19-A M.R.S. §§ 654-655, 657); P.L. 2023, ch. 116, §§ 1-2 (…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 655Authorization; penaltiesIn forcecited in 2 of our articles
1. Persons authorized to solemnize marriages. The following may solemnize marriages in this State: A. If a resident of this State: (1) A justice or judge; (2) A lawyer admitted to the Maine Bar; or (5) A marriage officiant under Title 5, section 90‑G; [PL 2021, c. 651, Pt. B, §§4, 5 (AMD); PL 2021, c. 651, Pt. B, §7 (AFF).] B. Whether a resident or nonresident of this State and whether or not a citizen of the United States: (1) An ordained minister of the gospel; (2) A cleric engaged in the service of the religious body to which the cleric belongs; or (3) A person licensed to preach by an association of ministers, religious seminary or ecclesiastical body; and [PL 2011, c. 111, §3 (AMD).] C. A nonresident of the State who has a temporary registration certificate issued by the Office of Data, Research and Vital Statistics pursuant to subsection 1‑A. [PL 2011, c. 111, §4 (NEW).] 1-A. Temporary registration certificate. The Office of Data, Research and Vital Statistics may issue a temporary registration certificate to solemnize a marriage ceremony to an individual who is a resident of another state and who is authorized under the laws of that state to solemnize marriages. A.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
§ 701Prohibited marriages; exceptionsIn forcecited in 3 of our articles
1. Marriage out of State to evade law. When residents of this State, with intent to evade this section and to return and reside here, go into another state or country to have their marriage solemnized there and afterwards return and reside here, that marriage is void in this State. 1-A. Certain marriages performed in another state not recognized in this State. Any marriage performed in another state that would violate any provisions of subsections 2 to 4 if performed in this State is not recognized in this State and is considered void if the parties take up residence in this State. 2. Prohibitions based on degrees of consanguinity; exceptions. This subsection governs marriage between relatives. A. A man may not marry his mother, grandmother, daughter, granddaughter, sister, brother's daughter, sister's daughter, father's sister, mother's sister, the daughter of his father's brother or sister or the daughter of his mother's brother or sister. A woman may not marry her father, grandfather, son, grandson, brother, brother's son, sister's son, father's brother, mother's brother, the son of her father's brother or sister or the son of her mother's brother or sister.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2001
Opinions citing this section in our collection:
- Doe Ex Rel. Maine Department of Human Services v. Rowe (District Court, D. Maine 2001, 156 F. Supp. 2d 35)“…ardation from persons with mental illness. Cf. 19-A M.R.S.A. § 701(3) (providing distinctive definitions o…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Colorado Revised Statutes, Title 14: Domestic Matters
§ 14-2-109.5Common law marriage - age restrictionsIn forcecited in 10 of our articles
(1) A common law marriage entered into on or after September 1, 2006, shall not be recognized as a valid marriage in this state unless, at the time the common law marriage is entered into: (a) Each party is eighteen years of age or older; and (b) The marriage is not prohibited, as provided in section 14-2-110. (2) Notwithstanding the provisions of section 14-2-112, a common law marriage contracted within or outside this state on or after September 1, 2006, that does not satisfy the requirements specified in subsection (1) of this section shall not be recognized as valid in this state.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at olls.info
Also relied on in: Common Law Marriage in Colorado: Requirements & How It Works (2026), Common Law Marriage in Maryland: Is It Recognized? (2026), Common Law Marriage in Alaska: Is It Recognized? (2026)
Maine Revised Statutes, Title 19-A: DOMESTIC RELATIONS, Part 2: MARRIED PERSONS, Chapter 29: DIVORCE
§ 901Action for divorce; proceduresIn forcecited in 3 of our articles
1. Filing of complaint; grounds. A person seeking a divorce may file a complaint for divorce in the District Court if: A. The plaintiff has resided in good faith in this State for 6 months prior to the commencement of the action; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. The plaintiff is a resident of this State and the parties were married in this State; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] C. The plaintiff is a resident of this State and the parties resided in this State when the cause of divorce accrued; or [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] D. The defendant is a resident of this State. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] The complaint must state one or more grounds listed in section 902, subsection 1. 2. Guardian ad litem. If the alleged cause is that one of the parties is an incapacitated person, as provided in section 902, subsection 1, paragraph J, the court shall appoint a guardian ad litem to represent the interests of the incapacitated person. 3. Exclusion of public.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Gutierrez v. Gutierrez (Supreme Judicial Court of Maine 2007, 921 A.2d 153)“…he court dismissed the complaint. It held that, pursuant to 19-A M.R.S. §§ 901(1), 1745 (2006), it did not have subjec…”
- Shelly R. Higgins v. Todd A. Wood (Supreme Judicial Court of Maine 2018, 189 A.3d 724)“…nation of parental rights and responsibilities, see 19-A M.R.S. §§ 901, 1652, 1653(2)(D)(3), 1653(8) (2017)…”
- Von Schack v. Von Schack (Supreme Judicial Court of Maine 2006, 893 A.2d 1004)“…tate for 6 months prior to the commencement of the action,” 19-A M.R.S. § 901(1)(A) (2005), it does not speak to juri…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Maine Divorce Laws (2026): Grounds, Residency, and Process, Legal Separation in Maine: Judicial Separation Rules (2026)
Maine Revised Statutes, Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES, Part 1: STATE DEPARTMENTS, Chapter 5: SECRETARY OF STATE
§ 90-GMarriage officiant license; term of license; renewal of licenseIn force
1. Appointment and renewal. The Secretary of State may license and renew a license of a marriage officiant who: A. Is 18 years of age or older; [PL 2021, c. 651, Pt. B, §2 (NEW); PL 2021, c. 651, Pt. B, §7 (AFF).] B. Is a resident of this State; and [PL 2021, c. 651, Pt. B, §2 (NEW); PL 2021, c. 651, Pt. B, §7 (AFF).] C. Demonstrates a proficiency in the English language. [PL 2021, c. 651, Pt. B, §2 (NEW); PL 2021, c. 651, Pt. B, §7 (AFF).] 2. Term. A license issued under this section is for a term of 7 years. 3. Rules. The Secretary of State shall adopt rules relating to the licensing of marriage officiants. The rules must include criteria and a procedure to be applied by the Secretary of State in licensing and renewal. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A. 4. Notice of expiration of license. The Secretary of State shall provide notice to the licensee of the expiration of a marriage officiant license 30 days prior to the expiration date. The notice must be in a form or format as determined by rule by the Secretary of State.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Montana Code Annotated, Title 40
§ 40-1-403Validity Of Common-Law MarriageIn forcecited in 2 of our articles
40-1-403. Validity of common-law marriage. Common-law marriages are not invalidated by this chapter. Declarations of marriage pursuant to 40-1-311 through 40-1-313, 40-1-323, and 40-1-324 are not invalidated by this chapter.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 14 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Snetsinger v. Montana University System (Montana Supreme Court 2004, 325 Mont. 148)“…ontana, common law marriages are declared valid by statute. Section 40-1-403, MCA.…”
- Matter of Estate of Murnion (Montana Supreme Court 1984, 212 Mont. 107)“…specifically recognizes common-law marriages by statutory (Section 40-1-403, MCA,) and case law; the amount of Workers’…”
- In Re the Estate of Alcorn (Montana Supreme Court 1994, 263 Mont. 353)“…Montana recognizes the validity of common-law marriages. Section 40-1-403, MCA. A rebuttable presumption exists in fav…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Montana: Is It Recognized? (2026)
Pennsylvania Consolidated Statutes Title 23 (Domestic Relations)
§ 1103Common-law marriageIn forcecited in 3 of our articles
No common-law marriage contracted after January 1, 2005, shall be valid. Nothing in this part shall be deemed or taken to render any common-law marriage otherwise lawful and contracted on or before January 1, 2005, invalid.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at palegis.us
Cited in 28 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- In Re: Estate of Carter, S., Appeal of: Hunter, M. (Superior Court of Pennsylvania 2017, 2017 Pa. Super. 104)“…wful and contracted on or before January 1, 2005, invalid.” 23 Pa.C.S. § 1103; cf. PNC Bank Corp. v. Workers’ Comp. A…”
- PNC Bank Corp. v. Workers' Compensation Appeal Board (Commonwealth Court of Pennsylvania 2003, 831 A.2d 1269)“…ged the judicially-created doctrine of common law marriage. 23 Pa.C.S. § 1103. Pennsylvania, however, is one of the m…”
- PPL v. Workers' Compensation Appeal Board (Commonwealth Court of Pennsylvania 2010, 5 A.3d 839)“…wful and contracted on or before January 1, 2005, invalid." 23 Pa.C.S. § 1103. In light of the Legislature's action,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Pennsylvania: Is It Recognized? (2026)
Utah Code, Title 81: Utah Domestic Relations Code
§ 81-2-408Validity of marriage not solemnized or solemnized before an unauthorized individual.In forcecited in 6 of our articles
(1) Before May 5, 2027, an individual may file a petition with a court to validate and make legal a marriage that is not solemnized in accordance with this chapter. (2) On a filing of a petition described in Subsection (1), the court may enter an order validating and making legal a marriage that is not solemnized in accordance with this chapter if the court establishes that the marriage arises out of a contract between two individuals: (a) of legal age and capable of giving consent; (b) legally capable of entering a solemnized marriage under the provisions of this chapter; (c) who have cohabited; (d) who mutually assume marital rights, duties, and obligations; and (e) who hold themselves out as and have acquired a uniform and general reputation as spouses. (3) (a) An individual may only file the petition described in Subsection (1) during the relationship described in Subsection (2), or within one year following the termination of that relationship. (b) Evidence of a marriage recognizable under this section may be: (i) manifested in any form; and (ii) proved under the same general rules of evidence as facts in other cases.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at le.utah.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Daniel v. Daniel (Court of Appeals of Utah 2025, 2025 UT App 193)“…ges have been a creature of statute in Utah since 1987. See Utah Code § 81-2-408 (setting forth the current requirements…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage by State: Where It's Recognized (2026), Common Law Marriage in Utah: Is It Recognized? (2026), Common Law Marriage in Louisiana: Is It Recognized? (2026)
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Sources and References
- 19-A M.R.S. sec. 652 (Issuance of marriage license)(legislature.maine.gov).gov
- 19-A M.R.S. sec. 655 (Authorization; penalties)(legislature.maine.gov).gov
- 19-A M.R.S. sec. 701 (Impediments to marriage)(legislature.maine.gov)
- 19-A M.R.S. sec. 901 (Jurisdiction for divorce)(legislature.maine.gov)
- U.S. Const. art. IV, sec. 1 (Full Faith and Credit Clause)(constitution.congress.gov)
- Common Law Marriage(law.cornell.edu)
- 19-A M.R.S. sec. 651 (Notice of intentions of marriage)(legislature.maine.gov)
- 5 M.R.S. sec. 90-G (Marriage officiant license)(legislature.maine.gov)
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