Common Law Marriage in Maine
State-specific overview · Family Law
Maine does not recognize common law marriage; a formal ceremony and license are mandatory for valid marriage.
How Maine treats Common Law Marriage
Maine requires couples to obtain a marriage license and have the marriage solemnized by an authorized official. Cohabitation and mutual agreement, without formal procedures, do not create a legal marriage. Maine recognizes common law marriages validly created in other states, but will not create new ones within its borders.
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 Maine.