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Common Law Marriage in Wisconsin: Is It Recognized? (2026)

Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 7, 2026. · 2 primary sources cited on this page. How we verify our legal content

Common Law Marriage in Wisconsin: Is It Recognized? (2026)

Updates

Corrected the Wisconsin statutes cited for the marriage-license requirement to Wis. Stat. sections 765.05 and 765.16(1m), attributed the 1917 abolition to its actual session law, and grounded recognition of out-of-state common law marriages in the place-of-celebration rule and comity rather than the Full Faith and Credit Clause.

Repaired the Wis. Stat. 767.56 source link.

Independently fact-checked against the cited primary sources

Corrected four restatements (intro, KeyTakeaways, body, FAQ) that wrongly attributed Wisconsin's license/solemnization requirement to Wis. Stat. § 765.01, which only defines marriage as a civil contract — the license requirement is established by § 765.12, cited correctly elsewhere in the article. Relabeled the § 765.01 Sources entry to match its actual content.

Corrected a remaining misattribution: the marriage-license and solemnization requirements come from Wis. Stat. 765.12, not the civil-contract definition in 765.01.

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. Wis. Stat. section 765.01, A civil contract(docs.legis.wisconsin.gov)
  2. Wis. Stat. section 765.12, Marriage license; required(docs.legis.wisconsin.gov)
  3. Wis. Stat. section 767.56, Maintenance payments(docs.legis.wisconsin.gov)
  4. U.S. Constitution Art. IV sec. 1 (Full Faith and Credit Clause)(law.cornell.edu)
  5. Texas Family Code section 2.401, Informal Marriage. Texas Legislature(statutes.capitol.texas.gov).gov
  6. Colorado Revised Statutes section 14-2-109.5, Common law marriages. Colorado General Assembly(leg.colorado.gov).gov
  7. Wis. Stat. section 765.05, Marriage license; by whom issued(docs.legis.wisconsin.gov)
  8. Wis. Stat. section 765.16, Marriage contract, how made; officiating person(docs.legis.wisconsin.gov)
  9. Wis. Stat. section 765.21, Unlawful marriages void; validation(docs.legis.wisconsin.gov)
  10. Wis. Stat. section 765.04, Marriage abroad to circumvent the laws(docs.legis.wisconsin.gov)
  11. Watts v. Watts, 137 Wis. 2d 506 (Wis. 1987) (common law marriages abolished in 1917, Laws of 1917, ch. 218, sec. 21)(courtlistener.com)
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