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Common-law marriage in the United States
Common-law marriage in the United States can still be contracted in nine states (Alabama, Colorado, Pennsylvania, Rhode Island, South Carolina, Iowa, Montana, Utah, and Texas) and the District of Columbia. New Hampshire recognizes common-law marriage for purposes of probate only, and Utah recognizes common-law marriages only if they have been validated by a court or administrative order.〔(【引用サイトリンク】title=Marriage laws )〕 Common-law marriage can no longer be contracted in 27 states, and was never permitted in 13 states. The requirements for a common-law marriage to be validly contracted differ from state to state. Nevertheless, all states—including those that have abolished the contract of common-law marriage within their boundaries—recognize common-law marriages lawfully contracted in those jurisdictions that permit it. Some states that do not recognize common law marriage also afford legal rights to parties to a putative marriage (i.e. in circumstances when someone who was not actually married, e.g. due to a failure to obtain or complete a valid marriage license from the proper jurisdiction, believed in good faith that he or she was married) that arise before a marriage's invalidity is discovered.
The principle of common-law marriage was affirmed by the United States Supreme Court in ''Meister v. Moore'' (96 U.S. 76 (1877)), which ruled that Michigan had not abolished common law marriage merely by producing a statute establishing rules for the solemnization of marriages.
==General principles==
The status of common-law marriage in the United States varies by state. In ''Meister v. Moore'', 96 U.S. 76 (1877), the United States Supreme Court, relying on ''Hutchins v. Kimmell'', 31 Mich. 126 (1875) ruled that Michigan had not abolished common-law marriage merely by producing a statute which established rules for the solemnization of marriages, because it did not require marriages to be solemnized: it required only that, if a marriage was solemnized, it could be solemnized only as provided by law. Otherwise, the court found that, as the right to marry existed at common law, the right to marriage according to the tradition of that common law remained valid until such time as state law affirmatively changed it. The Court did not find it necessary to pass special legislation specifically outlawing the common law contract of a marriage, but it was sufficient for a state's general marriage statutes to clearly indicate no marriage would be valid unless the statutory requirements enumerated were followed.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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