Common Law Marriage in North Dakota
State-specific overview · Family Law
North Dakota does not recognize common law marriage created within the state.
How North Dakota treats Common Law Marriage
North Dakota abolished common law marriage and requires a valid marriage license and ceremony. However, the state recognizes common law marriages validly established in other jurisdictions before North Dakota's abolition or in states that currently permit them. If a couple created a common law marriage in a jurisdiction that recognizes it, North Dakota will acknowledge that marriage for legal purposes. Cohabitation alone, without a license and ceremony, does not create a marriage in North Dakota.
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 North Dakota.