Marriage Issues-Family Law

Marriage Issues

Online Resources

Marriage

Common Law Marriage
Covenant Marriage
Marriage Licenses
Premarital Counseling
Same-sex Marriage
Other Resources

Marriage

Common-Law Marriage

Common law marriage is currently permitted or recognized in 10 states and the District of Columbia. To be defined as a common law marriage in these states, the two parties must:

agree that they are married,

live together, and

hold themselves out as husband and wife.

See NCSL's summary and list of common law marriage states .

Covenant Marriage

Louisiana in 1997 passed the nation's first "covenant marriage" law. A covenant marriage provides an alternative to the traditional marriage contract for couples who oppose no-fault divorce or who want to demonstrate a stronger commitment to marriage. Couples selecting a covenant marriage must get premarital counseling. They may divorce only after a separation of two years or after proving adultery or domestic abuse. Three states currently have covenant marriage laws. Lousiana's covenant marriage law was enacted in 1997, Arizona's in 1998, and Arkansas' in 2001. At least 15 states considered, but did not pass, covenant marriage laws in 1999. Louisiana and Arizona amended their covenant marriage laws in 1999. Covenant marriage bills were introduced in at least 13 states in both 2000 and 2001.

Marriage Licenses

Most states require couples to wait one to five days after obtaining a marriage license before they may marry. See Marriage License Laws: Waiting Periods.

Many states also require blood tests for couples planning to marry.

Cornell University's Legal Information Institute http://www.law.cornell.edu/topics/Table_Marriage.htm also offers a table of marriage laws of the fifty states--specifically, common law marriage, age of consent to marry, waiting periods, and medical exams and blood testing requirements.

Premarital Counseling

States do not require premarital counseling for adults who plan to marry, but some states are beginning to look at ways to encourage couples to take counseling or marriage education courses. Florida's 1998 Marriage Preparation and Preservation Act encourages premarital counseling by offering a reduced marriage license fee for couples who have completed counseling or marriage education courses. The act also requires public high schools to teach marriage and relationship skills. In 1999, Oklahoma enacted legislation that will reduce marriage license fees for couples who get premarital counseling, and Texas now directs $3 from each marriage license toward premarital research and education efforts. Maryland law provides for counties to reduce marriage license fees for couples who have completed counseling. Couples who opt for a covenant marriage in Arkansas, Arizona and Louisiana must get premarital counseling. Three states--Arizona, California and Utah--provide for premarital counseling for minors under certain circumstances.

Same Sex Marriage

Forty one states have enacted legislation prohibiting same-sex marriages or the recognition of same-sex marriages formed in another jurisdiction.

Other Resources on Marriage Laws

The American Bar Association provides a number of tables summarizing the law of the fifty states.

Cornell University's Legal Information Institute provides links to uniform laws in the states--including the Uniform Premarital Property Act.

State laws prohibiting marriage between first cousins.

For more information on marriage issues, please contact Christine Nelson in the Denver office at 303.364.7700 or cyf-info@ncsl.org or either Sheri Steisel or Lee Posey in the D.C. office at 202.624.5400 or fedhumserv-info@ncsl.org.