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States That Recognize Common Law Marriage. In a few other states, common law marriages will be recognized if they were created before the date the practice was abolished. These are Georgia (created before 1997), Idaho (created before 1996), Ohio (created before 1991), and Pennsylvania (created before 2005).
A common law marriage exists only if all of the following are true: 1  The couple has a mutual agreement of marriage in praesenti (presently). 2  Both people are competent to marry (that is, of age and so on). 3  The couple has sexually consummated the marriage and lives together. 4  The couple holds themselves out to the public as husband and wife. 5  The ...