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State Recognition: Common law marriage is currently recognized only in Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Utah, and Washington D.C. Some states like Pennsylvania, Ohio, Indiana, and Georgia recognize common law marriages established before specific dates.

Legal Capacity: State requirements regarding legal capacity to marry, including minimum age requirements and mental capacity to consent to marriage.

Mutual Agreement: Legal requirement that both parties must have a mutual agreement and intent to enter into a marriage relationship.

Cohabitation Requirement: State-specific requirements regarding living together as a couple, including any minimum duration requirements.

Public Representation: Legal requirement that the couple must present themselves to the public as married, including using the same last name, referring to each other as spouses, and maintaining joint accounts.

Federal Recognition Rules: Regulations from federal agencies including the Social Security Administration and IRS regarding recognition of common law marriages for benefits and tax purposes.

Documentation Evidence: Required evidence including joint financial accounts, shared property ownership, insurance policies, joint tax returns, and other documentation proving the marriage relationship.

Notarization Requirements: State-specific requirements for notarization, witnesses, and official filing of the affidavit with local authorities.