Common Law Marriage in Maine: Is It Recognized? (2026)
Common Law Marriage in Maine: Is It Recognized? (2026)
Maine has never recognized common law marriage. Under 19-A M.R.S. sec. 651, a valid marriage in Maine requires a license and 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. 651 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 person who intends to marry must obtain a marriage license from the clerk of the municipality where either party resides. Under 19-A M.R.S. sec. 654, the marriage must be solemnized by a person authorized under Maine law to perform a marriage ceremony. Authorized officiants include judges, justices of the peace, and ordained or licensed ministers of a church or religious organization. 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 obtain a marriage license from the municipal clerk of the municipality where either party resides, or where the ceremony will take place if neither party is a Maine resident, under 19-A M.R.S. sec. 651. The clerk issues the license after verifying that the parties meet the legal requirements and that 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 valid for 90 days from the date of issue under 19-A M.R.S. sec. 651-A. 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 and at least two witnesses by an authorized person under 19-A M.R.S. sec. 654. Authorized officiants include Maine judges, justices of the peace, and ordained ministers of any religious faith.
Legal capacity: Both parties must have legal capacity to marry under 19-A M.R.S. sec. 701. 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. This recognition flows from the Full Faith and Credit Clause of the U.S. Constitution (art. IV, sec. 1) and from Maine's general conflicts-of-law rule that a marriage valid where celebrated is valid in Maine.
The states that currently allow couples to form a new common law marriage include Colorado (C.R.S. 14-2-109.5), Iowa, Kansas (K.S.A. 23-2502), 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.
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.
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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
Sources
- 19-A M.R.S. sec. 651 (Marriage license required). Maine Legislature. https://legislature.maine.gov/statutes/19-A/title19-Asec651.html
- 19-A M.R.S. sec. 654 (Solemnization). Maine Legislature. https://legislature.maine.gov/statutes/19-A/title19-Asec654.html
- 19-A M.R.S. sec. 701 (Impediments to marriage). Maine Legislature. https://legislature.maine.gov/statutes/19-A/title19-Asec701.html
- 19-A M.R.S. sec. 901 (Jurisdiction for divorce). Maine Legislature. https://legislature.maine.gov/statutes/19-A/title19-Asec901.html
- Full Faith and Credit Clause, U.S. Const. art. IV, sec. 1. https://constitution.congress.gov/constitution/article-4/
- Cornell Law School Legal Information Institute: Common Law Marriage. https://www.law.cornell.edu/wex/common-law_marriage
Last updated: June 2, 2026.