Common Law Marriage in District of Columbia
District of Columbia still recognizes new common law marriages.
Recognized — new marriages allowed
In District of Columbia, common law marriage is still recognized for couples who meet the requirements.
Core requirements
- Mutual agreement to be married now
- Cohabitation as a couple
- Holding out to the public as spouses
- Both parties legally eligible to marry
How to prove a common law marriage in District of Columbia
Proof usually combines several documents and facts: a signed statement or declaration of marriage, joint bank and credit accounts, tax returns filed as a married couple, shared leases or deeds, beneficiary and insurance forms that name each other, children listed with both parents, and testimony that you presented yourselves to the public as spouses. Courts weigh the overall picture, not any single item.
Recognition from other states
Under the U.S. Constitution Full Faith and Credit Clause, every state — including District of Columbia — recognizes a valid common law marriage that was properly formed in another state. Moving across state lines does not undo a real marriage.
Source
D.C. Code § 46-401 (verified 2026-06)