In some States a valid marriage may be created without a formal ceremony; these marriages are called common-law marriages. Individual States' laws may vary slightly regarding the requirement to establish a common-law marriage; generally, the requirements are:

1. a. 

   the marriage is entered into by mutual consent of the parties to become a married couple from that time on and is not solemnized by a ceremony (see GN 00305.060A.2.a.);

2. b. 

   the parties must have the intent to marry;

3. c. 

   the parties must consider themselves a married couple;

4. d. 

   both parties must be legally capable of entering into a valid marriage;

5. e. 

   the marriage must be contracted in a State where common-law marriages are recognized (see GN 00305.075); and

6. f. 

   in some States, the parties must cohabit and hold themselves out to the public as a married couple (see GN 00305.060A.3.).

An agreement to marry must:

1. a. 

   contemplate a permanent union exclusive of all others;

2. b. 

   be in the present tense; and

3. c. 

   contemplate a marital status that cannot be terminated at will but can be terminated only in the same manner as a ceremonial marriage, i.e., death, divorce or annulment.

1. a. 

   Cohabitation means living together as a married couple.

2. b. 

   Some States require cohabitation after an agreement to be a married couple; the cohabitation need not be in the State where the agreement was made.

In some States a common-law marriage can arise from a temporary stay or sojourn within a State's borders, if accompanied by holding out as a married couple, even though the parties were never domiciled in that State. Check the appropriate States' laws.

See GN 00307.257 for information on specific countries; they are generally not recognized.