A common law marriage is a union of two people in a marital relationship. Unlike traditional marriage, establishing a common-law marriage does not require licensing or a legal or religious ceremony. Instead, the couple is joined by declaring current intent to enter a marital relationship and subsequently presenting themselves as husband and wife to family, friends, and community members.
Individuals may enter a common-law marriage to avoid the cost and formalities of traditional marriage while still enjoying the legitimacy of a legally recognized relationship. However, Wyoming does not practice or formally recognize common-law marriages that happen in the state. Interested persons will have to establish their union in a state or jurisdiction that accepts common-law marriages. This includes Colorado, Iowa, Utah, Kansas, South Carolina, Montana, and the District of Columbia.
Once a common-law marriage is formed in a state that recognizes the arrangement, couples can enjoy almost all of the privileges and rights associated with traditional marriages, including:
Nevertheless, parties in a common-law marriage may face the following challenges:
Generally, for a common-law marriage to be recognized in Wyoming, the union must have been established in a jurisdiction that legally recognized the arrangement as valid, with parties satisfying all requirements in that state.
In Wyoming, seven out of 1,000 persons in the state were married in 2019, an all-time low in marriage rate since 1990. In comparison, the state’s divorce rate in the same year was 3.8 divorces per 1,000 residents.
No, Wyoming does not recognize common-law marriages in the state. Neither does the state recognize or practice civil union or domestic partnerships. Hence, marriages that happened in the state must be licensed to be legal. However, common-law marriages validated by a recognized authority or state are also recognized in Wyoming under the U.S constitution’s Full Faith and Credit Clause.
As Wyoming does not recognize common-law marriages established within the jurisdiction, there are no requirements for residents to satisfy to be married under common law. However, since valid common-law marriages created in states and jurisdictions that allow such marriages are recognized in Wyoming, parties must satisfy the conditions set by such authorities. This may include:
Note that most U.S. states do not have a set period that automatically transforms cohabitation into a common-law marriage without intent to marry.
Wyoming does not allow common-law marriage in the state. Hence, residents cannot establish common-law marriages within the state’s jurisdiction, regardless of how long a couple lives together.
Being legally free to marry in Wyoming means that individuals who intend to get married meet the state's qualifications to enter a marriage. Hence, parties do not break the state’s marriage laws in any way, or the marriage will be considered invalid or null and void. According to Wyoming marriage laws, two people who wish to marry must:
Note: Wyoming does not have residential requirements for marriages within the state
Intent to marry is a term used to determine the willingness of a couple to enter a common-law marriage immediately. In some states, this may be a spoken statement like a marriage vow, but in others, it may be a written agreement/declaration that states consent and desire to share a marital relationship. Intent to marry is a determining factor used to prove a common law marriage in states that recognize such union.
Informal marriage is a type of union in Texas that is similar to common-law marriages. It refers to a non-ceremonial marriage established by a couple through a declaration of informal marriage and subsequent cohabitation. Under Texas law, parties in an informal marriage must be at least 18 years old and sign the declaration of informal marriage provided by a county clerk in the state. Couples in an informal marriage under Texas law can receive spousal benefits if they move to Wyoming.
Although common-law marriage is not allowed in Wyoming, parties in a valid common-law marriage contracted from other states may enjoy marital rights if they reside in Wyoming. However, the couple or applicants of a benefit will have to prove the marriage first. Interested persons can prove this by providing affidavits of common-law marriage, signed declarations, other legal documents validating the union.
In a divorce case, the court must first determine if a common law marriage existed in the first place, and this may be harder if one spouse denies the other’s claims. If there is a dispute, the claimant may prove the marriage with the following:
In cases where the couple needs to prove the common-law marriage to organizations, such entities often state ways to prove the union. If the claim is denied, the couple may appeal the decision in court.
Third-party websites provide an alternative to obtaining public vital records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:
When one or both spouses of a common-law marriage – contracted in other states - is deceased, the surviving spouse, children, or relatives may prove the marriage by providing evidence that all requirements for the marriage were satisfied by the couple. The claimant may back this up by presenting testimonies from family, friends, and community members confirming their familiarity with the relationship, along with supporting documents.
Yes, the marital dissolution of a common-law marriage is only possible through a divorce. Wyoming recognized valid common-law marriages contracted in states and jurisdictions that allow such practices, and parties may file for divorce in the state. However, the contesting party has to prove the marriage first.
Third-party websites may provide a convenient solution to obtaining marriage-related public records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:
The full name of both spouses (include first, middle, and last names) The date the marriage occurred (month, date, and year) The location where the marriage occurred (city and county)
For common-law wives to enjoy marital rights in Wyoming, the common-law marriages must be valid and recognized in a state that permits such union. The marriage may also be contracted in some states with partial recognition, as long as the union took place before the abolition of common-law marriage in that jurisdiction. Rights that a common-law wife has include survivorship rights and property rights.
Note: The responsibilities, rights, and entitlements of couples that signed a prenuptial agreement before marriage depends on the terms agreed upon.
A common-law wife can collect Social Security in Wyoming as long as the marriage is valid and established in a state that recognized common-law marriages at the time of the union. Persons who meet the validity requirements may apply for benefits from the U.S. Social Security Administration by providing proof in the form of a statement of spousal relationship and a number of statements regarding marriage from each of the following persons:
Persons filling these forms will have to answer questions on their knowledge of the marriage, couple’s cohabitation, situations when the couple referred to each other as spouses, and so on.
Wyoming is not one of the community property states. Hence, property division is not done on a 50/50 basis but through equitable distribution. In the case of a divorce without any prenuptial agreement, the court shall divide marital property fairly while considering several factors such as:
Note: Marital property refers to assets obtained by either party from the time of marriage until separation or divorce.
Interested persons may have to obtain common-law marriage affidavits from the state where the marriage took place.
Laws permitting common-law marriage practices in Wyoming do not exist. Hence, there are no abolished state laws or stopped practices concerning common-law marriage in the state.
In Wyoming, civil unions, domestic partnerships, and licensed or traditional marriages are not considered to be common-law marriages. Also, cohabitation alone does not make a couple enter a common law marriage in the state, regardless of how long the couple lives together. A common-law marriage refers to valid unlicensed and non-ceremonial unions established in states and jurisdictions that recognize such marriage as legitimate at the time of the union. To be recognized in Wyoming under the Full Faith and Credit Clause, the couple must have satisfied the conditions set by the appropriate authority, especially on mutual consent, age limit, and intent to marry.
The federal government only recognizes common-law marriages contracted states that allow such union at the time of the marriage. Federal agencies acknowledge unions in jurisdictions that currently practice common-law marriage and states that formerly allow such marriages – as long as couples established the union before common law marriage was abolished. As of 2021, common-law marriages are fully recognized in:
States with partial recognition and the date of common-law marriages abolition include: