Some people are creatures of habit. They order the same thing from restaurants, they wear the same pair of shoes every day and maybe they have never even changed their hairstyle, but can some people actually make living with another person such a habit that they are legally recognized as married? Actually, the answer might surprise you. In some states, what is known as a "common-law marriage" is actually perfectly legal. In the United States, it all started with a Supreme Court case called "Meisiter v. Moore." In this case, the court ruled that since the state of Michigan had never specifically abolished common-law marriage, only recognized the solemnization of marriages, the United States could allow for common-law marriages in some states that had not otherwise abolished it outright.

A common-law marriage is also called an informal marriage or a marriage by habit and repute. Instead of going through the legal process of solemnizing a marriage, some states allow for couples who have been living together for long enough to have their union legally recognized. Keep in mind that only ten states as well as the District of Columbia legally recognize these types of marriages. Those states are: Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Utah and Texas. Some other states make exceptions to the rule and allow for common-law marriages in some circumstances. For example, in New Hampshire probate cases, there is the possibility of posthumous common-law marriage. Probate refers to the dividing of a deceased person's estate, which is why a legal recognition of common-law may be beneficial in such cases.

You may be wondering if your common-law marriage will be recognized as legal in the event that you move to a different state. In California, if your marriage was legally recognized as common-law in another state and then you move to California, your marriage will remain as it is, although you cannot obtain a common-law marriage status in California to begin with. These types of marriages are recognized by conduct rather than by ceremony. Many people do not like the idea of a ceremony and would rather be recognized and trusted as a married couple without having to sign a document. This is perfectly valid, but realize that in order to obtain this type of marriage you must meet certain requirements and live in the states that allow for it.

You want your marriage recognized for legal purposes. In the event that you two want to separate, your marriage must be legally recognized in order to have your property divided fairly. Legal recognition of a marriage can also benefit you in the event that you want to have children together or have a joint bank account. The advantages are numerous, so consider all of the options when deciding on whether you want to have an official ceremony or if common-law marriage is right for you.