Persons living in states that recognize common law marriage can show proof of the common law relationship by providing an Affidavit of Common Law Marriage from two people who are aware and know of your common law relationship and an Affidavit of Common Law Marriage from yourself regarding your history together.
Identification is helpful in proving common law marriage and must be documented on an Affidavit of Common Law Marriage. The following documents are very helpful: naturalization certificates, immigration records, insurance policies, deeds, passports, birth certificates of children, joint bank accounts, church records, employment records, and any forms showing the relationship.
Information needed in filing an Affidavit of Common Law Marriage form include:
• How long the two of you have lived together.
• A listing of the addresses where you have lived together.
• Any public announcement of your common law marriage.
• If you are considered husband and wife to your neighbors, friends, and relatives.
• The state where the two of you agreed to be husband and wife.
• The date when you made the decision to be husband and wife.
• Any previous marriage relationships, both licensed and under common law. If there are any such marriages, you will need to provide wedding dates, and how the relationships ended.
The Affidavit of Common Law Marriage must be filed in the county where you both reside and be notarized by a notary public.
Download a free Affidavit of Common Law Marriage form customized with your own legal documentation.