Cecily Zamora
Wyoming does not recognize common-law marriages for individuals living in the state. However, it will recognize common-law marriages performed in other states where such unions are legal. In a common-law marriage, a couple generally needs to be eligible to marry, cohabitate, and publicly declare their intention to be married. Wyoming offers alternatives to common-law marriage, such as cohabitation agreements, domestic partnerships, and joint property ownership, which provide similar rights without the need for a formal wedding.
| Characteristics | Values |
|---|---|
| Common-law marriage recognition | Wyoming does not recognize common-law marriages for individuals living in the state. |
| Common-law marriage recognition for out-of-state marriages | Wyoming will recognize common-law marriages undertaken in another state. |
| Common-law marriage alternatives | Residents can enter into cohabitation agreements, domestic partnerships, and joint property ownership. |
| Requirements for common-law marriage | Cohabitation, showing an intention to be married, and public declaration. |
| Age requirements | The same as formal marriages. |
| Blood relation | The couple must not be blood-related. |
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What You'll Learn
Common-law marriage requirements
Wyoming does not recognize common-law marriages for individuals living in the state. However, it will recognize common-law marriages that took place in another state, where the parties have moved to Wyoming.
Common-law marriages can happen through cohabitation, showing an intention to be married to each other, and through public declaration. The couple must meet the same age requirements as formal marriages, and they must not be blood-related.
In general, to enter into a common-law marriage, a couple must satisfy the following requirements: be eligible to be married and cohabitate in a place that recognizes common-law marriage; intend to be married; and hold themselves out in public as a married couple. There is no time requirement—a couple who lives together for a day, a week, or a year can agree to be married and tell their family and friends.
In Wyoming, residents can enter into common-law marriage alternatives, such as cohabitation agreements, domestic partnerships, and joint property ownership. These agreements allow people who intend to live their lives together to do so without the need for a formal wedding procedure.
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Cohabitation agreements
Wyoming does not recognize common-law marriages for individuals living in the state. However, it does recognize common-law marriages undertaken in another state, where the parties have subsequently moved to Wyoming.
Common-law marriages typically require cohabitation, the intention to be married, and a public declaration of the marriage. Wyoming residents can instead enter into cohabitation agreements, domestic partnerships, or joint property ownership, which allow couples to live their lives together without a formal wedding procedure.
In a cohabitation agreement, couples can outline their shared and separate assets and debts, and specify how they will manage their finances during the relationship. They can also detail how they will handle shared expenses, such as rent, mortgage, utilities, and groceries. Additionally, the agreement can address property ownership, including who owns what property brought into the relationship and how any jointly acquired property will be divided if the relationship ends.
It is important to note that cohabitation agreements should be entered into willingly by both parties and should comply with state laws. While these agreements can provide a sense of security and clarity, they may not cover all possible scenarios, and it is always advisable to seek legal advice when drafting such agreements to ensure they are enforceable and comprehensive.
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Domestic partnerships
Wyoming does not recognize the concept of common-law marriage for individuals living in the state. However, it will recognize common-law marriages undertaken in another state where the parties have moved to Wyoming.
Instead, residents of Wyoming can enter into domestic partnerships or cohabitation agreements, which allow couples to live their lives together without the need for a formal wedding procedure. These agreements are entered into willingly by persons who are of capacity, and the couple's rights are protected accordingly.
To enter into a common-law marriage in a state that recognizes it, a couple must generally satisfy the following requirements: be eligible to be married and cohabitate, intend to be married, and hold themselves out in public as a married couple. There is no time requirement for cohabitation, but the couple must agree to be married and tell their family and friends.
In Wyoming, there is no such thing as a "common-law divorce," so if a couple has entered into a common-law marriage in another state and then moves to Wyoming, they may need to consult an attorney to determine how to possibly divide their property.
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Joint property ownership
Wyoming does not recognize the concept of common-law marriage for individuals living in the state. However, it will recognize common-law marriages undertaken in another state, where the parties have moved to Wyoming.
Common-law marriages can happen through cohabitation, showing an intention to be married to each other, and through public declaration. Common-law marriages have the same age requirements as formal marriages, and the couple must not be blood-related.
In the absence of common-law marriage, Wyoming residents can enter into cohabitation agreements, domestic partnerships, and joint property ownership. These agreements allow people who intend to live their lives together to do so without the need for a formal wedding procedure.
When entering into joint property ownership, it is important to consider the legal and financial implications. For example, if the property is jointly owned, both parties are responsible for the mortgage and any other financial obligations associated with the property. In the event of a breakup, there may be legal complications regarding the division of the property. It is always recommended to seek legal advice when entering into any type of property ownership agreement.
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Common-law divorce
Wyoming recognizes common-law marriages formed through cohabitation, public declaration, or showing an intent to be married to each other. Common-law marriages have the same age requirements as formal marriages, and the couple must not be blood-related. However, Wyoming does not recognize common-law divorce. To get a divorce in Wyoming, you must first have a valid marriage, which means that there was a ceremony solemnizing the marriage before an official.
To file for divorce in Wyoming, you must meet the residency requirements. Either you or your spouse must have lived in Wyoming from the time of the marriage until the date of filing for divorce, and the party filing for divorce must be a resident of Wyoming for at least 60 days before filing the complaint. If you file for divorce in Wyoming as a resident and then move out of state, the divorce proceedings will still take place in Wyoming.
Once you've met the residency requirements, you can file for divorce in the district court in the county where either you or your spouse lives. The Wyoming Judicial Branch provides the necessary court forms, and you can also find do-it-yourself divorce forms online. If you have children, your divorce will impact more people than just you and your spouse, and it is usually a good idea to get legal advice from a family lawyer.
During the divorce proceedings, a judge will decide issues of custody, alimony, child support, and the division of property and assets. Wyoming is generally considered a no-fault divorce state, but the plaintiff must still state some grounds for the divorce, such as irreconcilable differences or incurable insanity.
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Frequently asked questions
No, common-law marriages do not exist in Wyoming. However, the state will recognize common-law marriages that were undertaken in another state.
A common-law marriage is a marriage that is formed through cohabitation, a public declaration of intent to be married, and by holding themselves out in public as a married couple.
Yes, residents of Wyoming can enter into cohabitation agreements, domestic partnerships, and joint property ownership as alternatives to formal marriage procedures.
The requirements for a common-law marriage include being eligible to be married and cohabitating in a place that recognizes common-law marriage, intending to be married, and publicly presenting as a married couple.
Common-law marriages are legally recognized in some states, but not in others. It is important to consult with an attorney to understand the specific laws and requirements of each state.
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