Common Law Marriage in Wisconsin
State-specific overview · Family Law
Wisconsin does not recognize common law marriage, though it once did before abolishing the practice in 1931.
How Wisconsin treats Common Law Marriage
Wisconsin eliminated common law marriage effective January 1, 1932. Couples cannot create a valid marriage through cohabitation and mutual consent alone. A marriage license and solemnization by an authorized official are required. Wisconsin will recognize common law marriages validly created in other states or established in Wisconsin before 1932.
The general definition of Common Law Marriage
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Common law marriage is a legal marriage that exists without a wedding ceremony or marriage license, based simply on a couple's agreement to be married and their living together as spouses. Not all states recognize it, but those that do treat common law marriages the same as formal ones for purposes of property division, inheritance, and divorce. The couple must meet specific requirements, like living together for a certain period and presenting themselves publicly as married.
Read the full Common Law Marriage entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Wisconsin.