Affidavit of Marriage

The answer is yes. Sometimes divorced couples need to execute an Affidavit of Marriage to prove that they were previously married. This might be necessary if they are unable to locate their divorce decree or divorce certificate.

The main difference has to do with the presence or absence of the official marriage ceremony. If you are not traditionally married but rather considered married in common law, you might have to provide evidence of your relationship before you can execute a valid Affidavit of Marriage.
Most states that recognize common law marriage do so if you have been living together for at least two or three years and especially if you share a bank account and or one spouse has taken the last name of the other.

These are the states where common law marriage is widely recognized for legal and non-legal purposes: Iowa, Georgia, Idaho, Colorado, Alabama, District of Columbia, Kansas, Montana, Ohio, New Hampshire, Pennsylvania, Oklahoma, South Carolina, Rhode Island, Utah, and Texas.

The answer is no. An Affidavit of Marriage cannot be used to validate a marriage that was not legal to begin with. This usually applies to cases of bigamy, duress, or incapacity.

It is not at all a requirement, but many couples choose to hire a law firm to execute their Affidavit of Marriage. This is particularly useful when not the affidavit is required in a court proceeding and the failure to provide one might lead to penalties. Or, if the matter is more complicated and has to do with immigration law.