Kara Sears
Common-law marriage has existed in the United States since 1877. It is a marriage that is legally recognized without a ceremony or certification. While common-law marriage is recognized in nine U.S. jurisdictions, Wyoming does not recognize common-law marriage for individuals living in the state. However, if a couple has a common-law marriage in another state, Wyoming will recognize it.
| Characteristics | Values |
|---|---|
| Common-law marriage recognized in Wyoming | No |
| Common-law marriage recognized if undertaken in another state | Yes |
| Common-law divorce recognized in Wyoming | No |
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What You'll Learn
Wyoming does not recognise common-law marriage
Wyoming does not recognize common-law marriage. This means that, regardless of how long a couple lives together in Wyoming, they are not considered husband and wife under the law without a legal marriage license.
Common-law marriage, according to the District of Columbia Department of Human Services, is a "marriage that is legally recognized, even though there has been no ceremony and there is no certification of marriage." To be considered a common-law marriage, the couple must be eligible to be married, intend to be married, and be recognized by their community as a married couple. This can include filing joint tax returns, signing leases, or owning property together as a married couple.
While Wyoming does not recognize common-law marriages formed within the state, it does recognize common-law marriages that were established in other states. This means that if a couple entered into a valid common-law marriage in a state that recognizes such unions, and then moved to Wyoming, their marriage would be legally recognized in Wyoming.
It is important to note that the requirements for common-law marriage vary by jurisdiction. In some states, couples may need to file a legal "Declaration of Informal Marriage" or meet specific criteria, such as cohabitation and representation as a married couple within the state.
If a couple wishes to end their common-law marriage, they must go through the same formal judicial proceedings as any other married couple, as there is no such thing as a "common-law divorce."
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Common-law marriage recognised in other states
Wyoming does not recognize common-law marriages within the state. However, if a couple has entered into a common-law marriage in another state, Wyoming will recognize it.
Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that only survives in a handful of U.S. states. These include Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage.
To enter into a common-law marriage, a couple must meet certain requirements. Both parties must be at least 18 years old. They can either file a legal "Declaration of Informal Marriage" or meet a three-prong test, showing evidence of the following:
- An agreement between the couple to be married
- Cohabitation within the state as husband and wife
- Holding themselves out to the world as a married couple
Some states have abolished common-law marriage but still recognize such marriages if they began before a certain date or for a specific purpose. These include Alabama, Florida, Georgia, Idaho, Indiana, Ohio, and Pennsylvania.
It is important to note that the term "common-law marriage" is often used colloquially to refer to cohabiting couples, regardless of their legal rights. This can create public confusion about the actual legal rights of unmarried partners.
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Requirements to contract a valid common-law marriage
Wyoming does not recognize common-law marriages for individuals living in the state. However, if a couple has a common-law marriage in a state that does recognize it, such as Colorado, and then moves to Wyoming, their union will be recognized there.
In states that do recognize common-law marriages, the requirements to contract a valid marriage include:
- Long-term cohabitation: The length of time required varies by state, but it generally involves living together for a significant period.
- Presenting as a married couple: This can include taking the same last name, holding joint credit cards and bank accounts, filing taxes jointly, signing leases, or owning property together as husband and wife.
- Capacity to marry: Both individuals must meet the minimum age requirements, be considered of sound mind, and not be married to anyone else.
- Intent to marry: There must be mutual consent and a clear intention to get married. This can be established through a written agreement.
It is important to note that the specific requirements for a common-law marriage may vary by state, and it is always advisable to consult with an attorney for specific legal advice.
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Common-law marriage and divorce
In the United States, a common-law marriage is a marriage that is legally recognised without a ceremony or certification of marriage. Common-law marriage has existed in the US since 1877, and it is currently legally recognised in nine US jurisdictions. However, Wyoming is not one of these states, as it does not recognise common-law marriage for individuals living in Wyoming. Nevertheless, if a couple has undertaken a common-law marriage in another state and then moves to Wyoming, their marriage will be recognised.
To enter into a common-law marriage, a couple must generally meet certain requirements. Firstly, both parties must be at least 18 years old and eligible to be married. Secondly, the couple must cohabit in a place that recognises common-law marriage. Lastly, the couple must intend to be married and be recognised as a married couple by their community. This can be demonstrated by filing joint tax returns, signing leases, or owning property together as a married couple.
Despite the existence of common-law marriage in some US states, there is no such thing as a "common-law divorce". This is because divorce is a creation of statutory law, and therefore, even in common-law marriages, divorce must be done by statutory law in all jurisdictions. This means that if a couple has established a common-law marriage, they must petition the court for a divorce, just as they would in a formal marriage.
It is important to note that the requirements for contracting a valid common-law marriage may differ between jurisdictions. For example, in Texas, a couple can file a legal "Declaration of Informal Marriage" as a binding document, which is then recorded as part of the Official County Records. Alternatively, a couple can meet a three-pronged test, providing evidence of their agreement to be married, cohabitation, and representation to others as a married couple within the state.
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Common-law marriage in the US
The requirements for a valid common-law marriage vary across different jurisdictions. For example, in Texas, a couple can file a legal "Declaration of Informal Marriage", which is a legally binding document that must be completed by both parties in front of the County Clerk. Alternatively, a couple can meet a three-pronged test, providing evidence of the following: an agreement to be married, cohabitation, and representation to others as a married couple.
It is important to note that common-law divorce does not exist because divorce was created by statutory law. Therefore, although it is possible to be married by common law in nine US jurisdictions, divorce must be done by statutory law in all jurisdictions.
The concept of common-law marriage has been around in America since 1877. However, it is not as simple as being together for a certain number of years and considering oneself married, as often portrayed in popular culture. Instead, there are specific requirements that must be met, and it is always best to seek legal advice when considering a common-law marriage.
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Frequently asked questions
No, Wyoming does not recognize common-law marriage for individuals living in Wyoming. However, it will recognize common-law marriages undertaken in another state.
A common-law marriage is a marriage that is legally recognized without a ceremony or certification of marriage. Both parties must be eligible to be married, intend to be married, and be recognized by their community as a married couple.
The requirements to contract a valid common-law marriage differ between jurisdictions. Generally, a couple must be eligible to be married and cohabitate in a place that recognizes common-law marriage.
The same formal judicial proceedings are required to dissolve a common-law marriage as with a traditional marriage. There is no such thing as a "common-law divorce."
