Wyoming Common Law Marriage

What Is Common-Law Marriage in Wyoming?

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:

Immigration and residency benefits for nonresidents
Ability to receive spousal support, child support, child custody/visitation, and marital property upon divorce
Right to make medical decisions if a spouse is incapacitated
Visitation rights in hospitals, jails, or other restricted places
Social security and other government benefits
Ability to receive an inheritance
Access to records
Tax benefits and exemptions

Nevertheless, parties in a common-law marriage may face the following challenges:

Difficulty in proving the existence of a common-law marriage
Parties may be unable to formalize the union with a license or certificate
Challenges in claiming certain privileges in a state that does not recognize common-law marriage, especially without documentation
Difficulty in claiming inheritance or survivor benefits without a will
Complications in cases of a breakup. The claimant may find it hard to prove the relationship alone
No divorce without first proving the marriage. This will, in turn, influence property division, alimony, child custody, and other related rights

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.

Marriage in Wyoming

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.

Does Wyoming Recognize Common-Law Marriage?

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.

What Are the Requirements for a Common-Law Marriage in Wyoming?

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:

Parties must be a heterosexual couple
The couple must be at least 18 years of age or have parental consent if between 16 and 18 years old
The marriage must be consensual
The party must not be incestuous by law
Neither party must be in a marriage, civil union, or another common-law marriage at the time of marriage
Parties should live together after establishing the union
Parties must have present themselves as a married couple to family, friends, and the public
Residential requirement

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.

How Many Years Do You Have to Live Together for Common-Law Marriage in Wyoming?

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.

What Does It Mean to Be Legally Free to Marry in Wyoming?

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:

Be at least 18 years old or meet the requirements for an exemption
Be physically competent and of sound mind
Not be closely related by blood
Not be married to someone else at the time
Obtain a marriage license

Note: Wyoming does not have residential requirements for marriages within the state

What Is Intent to Marry in Wyoming?

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.

What Is an Informal Marriage in Wyoming?

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.

How Do You Prove Common-Law Marriage in 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:

Legally recognized documents proving the union such as an affidavit, notarized agreement, or declaration
Documents or forms that both parties fill referring to themselves as spouses, including insurance papers, pension plans, and Social Security benefits forms
Certificates, agreements, or contracts showing shared surname
Proof of shared financial duties such as joint accounts, bills, rental agreements, joint tax returns, jointly-owned properties
Proof of cohabitation
Testimonies or sworn affidavits from family, friends, or members of the community attesting to the couple’s reputation as married
Evidence of the marriage such as wedding rings, anniversaries, and so on
A birth certificate naming the couple as a child's parents
Other supporting certificates, documents, letters, or records

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:

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)

How Do You Prove Common-Law Marriage in Wyoming After Death?

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.

Do Common-Law Marriages Require a Divorce?

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)

Does a Common-Law Wife Have Rights in Wyoming?

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.

Can a Common-Law Wife Collect Social Security in Wyoming?

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:

The wife, husband, wife’s blood relative, and husband’s blood relative (if both parties are alive)
The surviving spouse and two of the deceased spouse’s blood relatives (if one party is deceased)
The wife’s blood relative and husband’s blood relative (if one party is deceased)

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.

Are Common-Law Wives Entitled to Half in Wyoming?

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:

Marriage length
Existence of a settlement agreement
Each party’s contribution in getting marital property
Each spouse’s job prospects or work history
Each spouse’s personal asset value
Responsibilities of each spouse following the divorce, such as child support, child custody, alimony, and debt division

Note: Marital property refers to assets obtained by either party from the time of marriage until separation or divorce.

How Do You Get a Common-Law Marriage Affidavit in Wyoming?

Interested persons may have to obtain common-law marriage affidavits from the state where the marriage took place.

When Did Common-Law Marriage End In Wyoming?

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.

What Is Considered Common-Law Marriage in Wyoming?

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.

Does the Federal Government Recognize Wyoming Common-Law Marriages?

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:

South Carolina (July 24, 2019)
Alabama (January 1, 2017)
Idaho (January 1, 1996)
Pennsylvania (January 1, 2005)
Indiana (January 1, 1958)
Georgia (January 1, 1997)
Ohio (October 10, 1991)
Florida (January 1, 1968)