Bill > H5258

This bill abolishes the practice of entering into new common law marriages in the state on or after January 1, 2026, while preserving the legal validity of any common law marriages that were established or legally recognized before that date. Common law marriage is a type of marriage where couples can be considered legally married without a formal ceremony or marriage license, typically by living together and presenting themselves as a married couple for a certain period of time. The legislation makes two key changes to existing law: first, it adds a new section to Chapter 15-3 that explicitly prohibits new common law marriages after the specified date, and second, it amends Section 15-1-7 to remove references to common law in defining marriage, now describing marriage simply as the "legally recognized union of two people." The bill will take effect immediately upon its passage, meaning the restrictions on new common law marriages will be implemented promptly. Existing common law marriages will continue to be legally recognized, ensuring that couples who have already established such unions are not negatively impacted by this legislative change.

Justice

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