When it comes to marriage laws, each state has its own set of rules. Some states, like California, recognize common law marriage as a legal union. However, for couples living in Wyoming, the rules surrounding common law marriage can be a little more complicated. In this article, we’ll explore whether Wyoming courts recognize common law marriages for divorce purposes.
What is a common law marriage?
A common law marriage is a legally recognized marriage that exists without a formal ceremony or registration with the state. In a common law marriage, the couple lives together, presents themselves as a married couple in public, and holds themselves out as husband and wife. Common law marriages can be recognized in some states, depending on specific requirements.
Does Wyoming recognize common law marriages?
Yes, Wyoming recognizes common law marriages under certain conditions. According to Wyoming law, a couple can establish a common law marriage if they present themselves as husband and wife, and if they have a mutual, present agreement to be married. In addition, the couple must have cohabited, or lived together, as husband and wife in Wyoming.
What are the requirements for a common law marriage in Wyoming?
To establish a common law marriage in Wyoming, the couple must meet certain requirements. They must:
- Have a mutual, present agreement to be married
- Present themselves as husband and wife in public
- Have cohabited as husband and wife in Wyoming
It’s important to note that simply living together in Wyoming for a certain amount of time does not automatically create a common law marriage. The couple must also have the intention to be married and hold themselves out as a married couple.
How does Wyoming handle common law marriages in a divorce?
Wyoming courts will recognize a common law marriage for divorce purposes if the couple meets the requirements as listed above. In these cases, the couple can file for divorce in the same way as legally married couples.
What if a couple does not meet the requirements for a common law marriage in Wyoming?
If a couple does not meet the requirements for a common law marriage in Wyoming, they will need to obtain a legal marriage certificate in order to be recognized as a married couple. Without a legal marriage, the couple will not be able to file for divorce in Wyoming.
Conclusion
Wyoming recognizes common law marriages under certain conditions, and these marriages can be recognized for divorce purposes. However, it’s important for couples to meet the specific requirements for a common law marriage in Wyoming, including a mutual intention to be married, presenting themselves as a married couple, and cohabiting in Wyoming. If you have questions about common law marriage in Wyoming, it’s a good idea to consult with a family law attorney.