Marriage Law
Marriage laws vary from state to state and the information provided here is a general overview. Please consult a marriage lawyer or attorney in your state for professional advice.
Marriage Laws
Marriage laws in the United States are almost exclusively governed by state law. There are however, federal statutes which rely on marital status to determine federal rights and benefits, so the definition of marriage is important to federal law. In addition, the U.S. Constitution's Supremacy Clause ensures that the U.S. Supreme Court can review the constitutionality of laws relating to marriage.
What is marriage?
The state-recognized, voluntary and exclusive contract for the lifelong union of two persons. Most countries do not recognize marriage between same-sex couples or polygamous marriages.Common Law Marriage
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Although a license and ceremony generally are required, some states still recognize what is known as a "common-law" marriage. In this type of "marriage," which was more common in frontier times, a man and woman who have lived together for a certain period of time and who hold themselves to be husband and wife are considered to be married even without a license and a formal ceremony.Same Sex Marriages
Because a common-law marriage is not formally recorded, the couple, if challenged, may have to prove the existence of their marriage contract. They may have to prove that they live together as man and wife and present themselves to the public as a married couple. Where recognized, a common-law marriage is as valid as a typical marriage.Eleven states and the District of Columbia currently recognize common-law marriages. Each of these jurisdictions has unique requirements for common-law marriage.
To date, 34 states have enacted legislation clarifying that same-sex "marriages" contracted in other jurisdictions will not be recognized in those states.
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