You may be able to file as
Married Filing Jointly if you live in a state that recognizes common law
marriage. Currently, the following jurisdictions recognize common law
marriage:
Alabama
(if entered into before 1-1-2017)
Colorado
District
of Columbia
Iowa
Kansas
Montana
New
Hampshire
Oklahoma
Rhode
Island
South
Carolina
Texas
Utah
Alabama (2017), Georgia(1997), Idaho(1996),
Ohio(Oct. 1991), and Pennsylvania(2005)
are grandfathered for the marriages before the year indicated. Living together in a common law state is
usually insufficient - you need to hold yourself out as married including
owning property together, having joint bank accounts, etc. To find out your
state’s rules see:
http://family.findlaw.com/marriage/common-law-marriage-states.html
