Mountied who said: Common-law-marriage is ONLY available in nine States. Anywhere else a religious marriage without a civil marriage will NOT result in legal (secular) recognition of the marriage. Such a couple CANNOT file a joint tax return.
1. In states with common law marriage it isn’t even an issue that a hupah is a valid marriage.
2. In other states, it depends on state law. In New York, the lack of a marriage license doesn’t affect the vallidity of the marriage – though it is a nuisance if you have to prove you are married (in effect you’ll have to sue to get a marriage certificate if you need if, e.g. for inheritance or child custody purposes). However the marriage is valid, meaning you could be prosecuted for tax fraud if you pay taxes as “single” (as would be the case if a two-income family). If you want to avoid having to file as “married”, one might consider a contract to be a concubine (2nd class wife) since under common law the status of concubine is not recognized – however if you have a proper kosher marriage you are probably married under the state law.