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Common Law Marriage in Maine: Is It Recognized? (2026)

Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 2 primary sources cited on this page. How we verify our legal content

Common Law Marriage in Maine: Is It Recognized? (2026)

Frequently Asked Questions

Does Maine recognize common law marriage?

Maine does not allow common law marriage to be formed within the state. Under 19-A M.R.S. sec. 652 and sec. 655, a valid Maine marriage requires a marriage license and solemnization by an authorized officiant. Maine has never recognized common law marriage at any point in its legal history. Maine does recognize a valid common law marriage formed in another state that allows such marriages.

How long do you have to live together to be common law married in Maine?

There is no period of cohabitation that creates a common law marriage in Maine. Maine requires a marriage license and a formal ceremony regardless of how long a couple has lived together. The belief that seven years of cohabitation creates a common law marriage is a myth with no basis in Maine law or the law of any other state.

Is common law marriage legal in Maine?

Common law marriage cannot be formed in Maine. 19-A M.R.S. sec. 652 requires a marriage license, and 19-A M.R.S. sec. 655 requires solemnization by an authorized officiant. Maine has never recognized informal marriage by cohabitation. Maine will recognize a valid common law marriage formed in another state that permits it.

Does Maine recognize a common law marriage from another state?

Yes. Maine recognizes a valid common law marriage formed in any state that allows it, provided the couple met that state's legal requirements when the marriage was created. Recognition follows from comity and Maine's conflicts-of-law rule that a marriage valid where celebrated is valid here, not from the Full Faith and Credit Clause. Recognition is not unlimited: under 19-A M.R.S. sec. 701, a marriage entered elsewhere to evade Maine law, or one that would violate Maine's impediment rules, is not recognized here.

What are the requirements for a valid marriage in Maine?

Maine requires both parties to record notice of their marriage intentions with a municipal clerk or the State Registrar of Vital Statistics under 19-A M.R.S. sec. 651 and then obtain the license issued under 19-A M.R.S. sec. 652, to be at least 18 years of age, and to solemnize the marriage before an authorized officiant under 19-A M.R.S. sec. 655, in the presence of at least two witnesses recorded under 19-A M.R.S. sec. 654. The license is valid for 90 days.

How do you end a common law marriage recognized in Maine?

A valid common law marriage recognized in Maine ends only through a formal divorce judgment or death of a spouse. The couple must file for divorce in a Maine court. Maine courts have jurisdiction if either party has resided in Maine for at least six months before filing under 19-A M.R.S. sec. 901. Separation alone does not dissolve a recognized marriage.

What rights do unmarried cohabiting partners have in Maine?

Maine law provides no automatic property or inheritance rights to unmarried cohabitants. Couples who live together without marrying can protect their interests through contracts, wills, beneficiary designations on retirement accounts and life insurance, joint tenancy real estate ownership, and powers of attorney. A licensed Maine family law attorney can advise on the appropriate documents for your situation.

Updates

Corrected the list of officiants authorized to solemnize a Maine marriage to match the current 19-A M.R.S. sec. 655, corrected where marriage intentions are filed under sec. 651, and replaced the Full Faith and Credit explanation of out-of-state recognition with comity and the place-of-celebration rule as limited by sec. 701.

Corrected two off-by-one Maine statute citations repeated throughout the page: the marriage-license requirement is 19-A M.R.S. sec. 652, not sec. 651 (which is the earlier notice-of-intent filing step), and the who-may-solemnize requirement is 19-A M.R.S. sec. 655, not sec. 654 (which is the officiant's post-ceremony recordkeeping duty). Also fixed a citation to a nonexistent section (sec. 651-A) for the 90-day license validity window.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected Kansas's common-law-marriage basis: it rests on case law (In re Estate of Keller), not K.S.A. 23-2502, which is only the under-18 age bar.

Governing law re-checked for recent changes

Removed the incorrect 19-A M.R.S. section 701 citation for Maine's 18-year marriage-age requirement; section 701 covers marrying to evade the law, consanguinity, guardianship, polygamy, and prior-marriage voidness, not a minimum age.

Governing law re-checked for recent changes

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. 19-A M.R.S. sec. 652 (Issuance of marriage license)(legislature.maine.gov).gov
  2. 19-A M.R.S. sec. 655 (Authorization; penalties)(legislature.maine.gov).gov
  3. 19-A M.R.S. sec. 701 (Impediments to marriage)(legislature.maine.gov)
  4. 19-A M.R.S. sec. 901 (Jurisdiction for divorce)(legislature.maine.gov)
  5. U.S. Const. art. IV, sec. 1 (Full Faith and Credit Clause)(constitution.congress.gov)
  6. Common Law Marriage(law.cornell.edu)
  7. 19-A M.R.S. sec. 651 (Notice of intentions of marriage)(legislature.maine.gov)
  8. 5 M.R.S. sec. 90-G (Marriage officiant license)(legislature.maine.gov)
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