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Smith & Garg - Attorneys at Law
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Common Law Marriage - FAQ's

Faq's

Family Law Attorney, Family Law and Common Law Divorce

Is there any documentation required for a common law marriage?

Persons desiring to accord the relationship some official status without a traditional marriage may wish to file a declaration of informal marriage with the county clerk.  Both parties must appear in the office of the county clerk and complete a Declaration of Informal Marriage.  The form must be completed in the presence of the county clerk and signed under oath. 

Both persons must be over eighteen years of age and proof of identity and age is required at the time that the declaration is filed.  The parties must provide proof of identity and age such as a birth certificate, voter’s registration card or driver’s license.  It is a criminal offense to provide false or inaccurate information concerning age or identity.  The county clerk will execute the clerk’s certificate and record the Declaration in the county records.  The original Declaration is returned to the parties and a copy sent to the bureau of vital statistics. This is sufficient to place the public on notice that the parties are married.

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