Kara Sears
Common-law marriages are informal unions formed without a marriage license. While most states ban common-law marriages, some states, including Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Utah, and Washington, D.C., still recognize them. Wyoming does not recognize common-law marriages as statutorily valid, but it does recognize common-law marriages performed in other states. In states that recognize common-law marriages, couples can enter into a valid union through cohabitation, public declaration, and intent to be married.
| Characteristics | Values |
|---|---|
| Common law marriages recognized in Wyoming? | No, Wyoming does not recognize common-law marriages as statutorily valid marriages. |
| Common law marriages recognized if undertaken in another state? | Yes, Wyoming will recognize common law marriages that took place in another state. |
| Common law marriages recognized in other states? | Yes, even if other states do not recognize common law marriages, they will recognize those that took place in states where they are valid. |
| Requirements for a common law marriage | Long-term cohabitation, presenting as a married couple, capacity to marry, and intent to marry. |
| Common law same-sex marriages recognized? | Yes, in states that still provide for common-law unions. |
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What You'll Learn
Wyoming does not recognise common-law marriages
While Wyoming does not recognise common-law marriages, it does offer alternatives such as cohabitation agreements, domestic partnerships, and joint property ownership. These agreements allow couples to live their lives together without undergoing a formal wedding procedure. To enter into these agreements, individuals must willingly consent, meet capacity requirements, and have their agreement recognised by the state. In turn, the couple's rights are protected under these arrangements.
The requirements for a legal common-law marriage vary by state but generally include long-term cohabitation, presenting as a married couple, having the capacity to marry, and demonstrating intent to marry. Long-term cohabitation typically involves living together for a lengthy period, although the specific duration differs depending on the state. Presenting as a married couple can be demonstrated through sharing the same last name, holding joint credit cards and bank accounts, or filing taxes jointly. To meet the capacity to marry, both individuals must be of legal age, be considered of sound mind, and not already be married. Finally, the intent to marry requires mutual consent from both partners, and a casual or live-in relationship may not be sufficient to qualify.
In states that recognise common-law marriages, these unions are just as valid as formalised marriages. Common-law marriages remain in effect until a court grants a divorce or one partner passes away. However, if a partner dies before the common-law marriage is legally established, the surviving partner must prove their marital status to inherit and access financial benefits. While a prenuptial agreement can be obtained in states that recognise common-law marriages, a formal divorce process is still required for separation.
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Common-law marriages in other states are recognised in Wyoming
Wyoming does not recognize common-law marriages that occur within the state. Common-law marriages are informal unions that do not require licensing, legal ceremonies, or religious ceremonies. Instead, they are formed by declaring the intent to enter a marital relationship and presenting themselves as a married couple to their community. While Wyoming does not recognize these marriages, it does recognize common-law marriages that are validated by other states or jurisdictions that allow them.
According to Wyoming laws, residents can enter into alternative arrangements like cohabitation agreements, domestic partnerships, or joint property ownership. These agreements allow couples to live their lives together without the need for a formal wedding. However, these arrangements are not considered common-law marriages in Wyoming and do not carry the same legal recognition.
For a common-law marriage to be recognized in Wyoming, it must have been established in a jurisdiction that legally recognizes such unions as valid. The couple must also satisfy all the requirements set by that state or jurisdiction. This includes meeting age requirements and ensuring that neither party is already married or in a civil union or another common-law marriage.
While Wyoming does not have specific requirements for recognizing out-of-state common-law marriages, it is important to note that these marriages may face challenges in claiming certain privileges, especially without proper documentation. For example, there may be difficulties in claiming inheritance or survivor benefits without a will, and complications may arise in cases of breakup or divorce.
In summary, while Wyoming does not recognize common-law marriages established within its jurisdiction, it does acknowledge those formed in other states or jurisdictions that allow them. Couples in recognized common-law marriages from other states will have their union respected in Wyoming, but they may still face challenges due to the lack of formal documentation.
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Requirements for common-law marriage: cohabitation, intent to marry, public declaration
Common-law marriage, also known as marriage without formalities or informal marriage, is a valid and legal way for a couple to marry without a ceremonial wedding. While the requirements for common-law marriage vary across states, cohabitation, intent to marry, and public declaration are typically the key elements.
Cohabitation
Cohabitation is a fundamental aspect of common-law marriage. It involves living together and sharing a domestic life. However, it is important to note that simply living together is not sufficient to establish a common-law marriage. The cohabitation must be accompanied by an agreement or understanding between the couple that they intend to be married.
Intent to Marry
Both partners in a common-law marriage must have the mutual intention to be recognised as a married couple. This intention is usually demonstrated through their words and actions. For example, referring to each other as "husband" and "wife" or making joint decisions and commitments indicative of a marital relationship.
Public Declaration
Public declaration, or "holding out," is a critical aspect of common-law marriage. It involves publicly recognising and presenting themselves as a married couple to the wider community. This can include using the same last name, filing joint tax returns, purchasing property together, or any other actions that signify a legal union. In some states, couples can register their common-law marriage by filing a declaration with the county clerk, providing valid proof of their marriage.
While Wyoming does not perform common-law marriages, it does recognise common-law marriages established in other states where such marriages are valid. Therefore, if a couple has entered into a common-law marriage in a state that recognises it, and they subsequently move to Wyoming, their marriage will be acknowledged in Wyoming as well.
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Common-law marriages are as valid as formalised marriages
However, it is important to note that common-law marriages do not have a "common-law divorce". If a couple chooses to separate, they must go through a traditional divorce process, which can be tricky since showing a couple's marital intention often comes down to one partner's word against the other. It can be surprisingly complicated to prove a common-law marriage, especially since there is no time requirement for how long a couple has lived together. For couples who live in states with common-law marriages and want their wishes to remain unmarried to be unambiguous, partners can write and sign a document stating their intentions to stay unmarried.
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Common-law marriage alternatives in Wyoming
Wyoming does not recognize common-law marriages for individuals living in the state. However, it does recognize common-law marriages that were undertaken in another state, provided that the couple has moved to Wyoming.
Common-law marriages are informal unions that do not follow the processes of a civil wedding and are not recognized or evidenced by any documents with the state or courts. If you are considering a common-law marriage in another state, it is important to understand the specific requirements and implications of that state's laws.
One alternative to a common-law marriage in Wyoming is to obtain a marriage license from the county clerk's office. This costs $30 and requires providing photo identification, personal information such as date of birth and residential address, and sharing your Social Security number. If you have been married before, you will also need to provide the date of your former spouse's death and/or the date of your divorce. There is no waiting period for obtaining a marriage license in Wyoming, and it is valid for a year after it is issued.
Another option is to consider a different type of legal union, such as a domestic partnership or civil union, if recognized in Wyoming. These options may provide some of the legal benefits of marriage without requiring a formal wedding ceremony. It is important to note that the specific alternatives available and their requirements may vary depending on the state and local laws.
Finally, if you are considering a common-law marriage or alternative legal union and have concerns about property ownership, it is highly recommended to consult with an attorney in your area to understand your specific rights and options.
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Frequently asked questions
No, Wyoming does not recognize common-law marriages as statutorily valid marriages. Common-law marriages refer to the union of a couple without following the processes of the civil wedding. However, Wyoming will recognize common-law marriages undertaken in another state.
Common-law marriages are informal in nature and are not recognized or evidenced by any documents with the state or courts. Common-law marriages can happen through cohabitation, showing an intent to be married to each other, and through public declaration. The formal requirements for a legal marriage under common law vary by state and can include long-term cohabitation, presenting as a married couple, capacity to marry, and intent to marry.
If you own property together and need help determining how to divide it, visit an attorney in your area for specifics.
