Idaho Code
Idaho Code § 32-201 (2026)
What constitutes marriage — No common-law marriage after January 1, 1996.
✓ current as of May 2026
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What constitutes marriage — No common-law marriage after January 1, 1996.
(1) Marriage is a personal relation arising out of a civil contract between a man and a woman, to which the consent of parties capable of making it is necessary. Consent alone will not constitute marriage; it must be followed by the issuance of a license and a solemnization as authorized and provided by law. Marriage created by a mutual assumption of marital rights, duties or obligations shall not be recognized as a lawful marriage.
(2) The provisions of subsection (1) of this section requiring the issuance of a license and a solemnization shall not invalidate any marriage contract in effect prior to January 1, 1996, created by consenting parties through a mutual assumption of marital rights, duties or obligations.
Notes of Decisions
Cited in 31
cases (1 in the last 5 years), 1955–2023 · leading case: Graham v. Larry Donohoe Logging, 654 P.2d 1377 (Idaho 1982).
Graham v. Larry Donohoe Logging, 654 P.2d 1377 (Idaho 1982). “To constitute a marriage under I.C. § 32-201, the parties with contractual capacity must consent and this "must be followed by a solemnization, or by a mutual assumption of marital rights, duties or obligations.”
Metro. Life Ins. v. Johnson, 645 P.2d 356 (Idaho 1982). ““I.C. § 32-201. What constitutes marriage.”
Freiburghaus v. Freiburghaus, 651 P.2d 944 (Idaho Ct. App. 1982). “This recognition is embodied in the following statutes: I.C. § 32-201. Marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making it is necessary.”
Matter of Est. of Eliasen, 668 P.2d 110 (Idaho 1983). “" The Court stated: "Under I.C. § 32-201, a marriage which is not solemnized requires the mutual consent of competent parties, followed by a mutual assumption of marital rights, duties or obligations.”
Martinez v. Carretero, 539 P.3d 565 (Idaho 2023). “In 1995, “to promote the stability and best interests of marriage and the family,” the Idaho Legislature amended Idaho Code sections 32-201 and 32-301 to eliminate the recognition of common law marriages in Idaho entered into after December 31, 1995.”
Windsor v. United States, 699 F.3d 169 (2d Cir. 2012). “III, § 28; Idaho Code Ann. §§ 32-201 & 32-209; 750 Ill.”
In the Matter of Adoption, 326 P.3d 347 (Idaho 2014). “Apparently under the impression that statutes regarding marriage and those regarding adoption somehow relate to the same subject matter, the magistrate noted that I.C. §§ 32-201 and 32-202 allow for marriage between a man and a woman only, before concluding: When considering all…”
Carrillo v. Boise Tire Co., Inc., 274 P.3d 1256 (Idaho 2012). “I.C. § 32-201. 8 . The Carrillos also contend that Boise Tire made a judicial admission that I.”
Lewis v. Harris, 908 A.2d 196 (N.J. 2006). “212 ; Idaho Code Ann. § 32-201 ; 750 Ill. Comp.”
Conaway v. Deane, 932 A.2d 571 (Md. 2007). “212 ; Idaho Code § 32-201 (Michie); 750 III. Comp.”
Dire v. Dire-Blodgett, 102 P.3d 1096 (Idaho 2004). “Prior to 1996, Idaho Code §§ 32-201 , 32-301, and 32-302 provided as follows: 32-201.”
Wilkins v. Wilkins, 48 P.3d 644 (Idaho 2002). “The relevant statutes, as they existed prior to January 1, 1996, were as follows: I.C. § 32-201. WHAT CONSTITUTES MARRIAGE.”
— Idaho Code § 32-201(2) — 1 case
Martinez v. Carretero, 539 P.3d 565 (Idaho 2023). “In 1995, “to promote the stability and best interests of marriage and the family,” the Idaho Legislature amended Idaho Code sections 32-201 and 32-301 to eliminate the recognition of common law marriages in Idaho entered into after December 31, 1995.”
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