Common Law Marriage in Indiana
State-specific overview · Family Law
Indiana does not recognize common law marriage created in Indiana, but recognizes valid common law marriages from other states.
How Indiana treats Common Law Marriage
Indiana abolished common law marriage and does not allow couples to establish one through cohabitation and mutual agreement within the state. Indiana will recognize a common law marriage validly created in another state that permits it. Couples in Indiana must obtain a formal marriage license and comply with ceremony requirements to create a valid marriage. Indiana's approach mirrors Illinois in accepting out-of-state common law marriages while prohibiting new ones locally.
The general definition of Common Law Marriage
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Common law marriage is a legal marriage that exists without a wedding ceremony or marriage license, based simply on a couple's agreement to be married and their living together as spouses. Not all states recognize it, but those that do treat common law marriages the same as formal ones for purposes of property division, inheritance, and divorce. The couple must meet specific requirements, like living together for a certain period and presenting themselves publicly as married.
Read the full Common Law Marriage entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Indiana.