Wisconsin
Common Law Marriage in Wisconsin: Is It Recognized? (2026)
Wisconsin abolished common law marriage in 1917. Under Wis. Stat. section 765.01, every marriage in Wisconsin requires a license and solemnization. No new common law marriage can be formed in Wisconsin. Wisconsin does, however, recognize a common law marriage that was validly formed in another state before that couple moved to Wisconsin.
Information last verified on June 2, 2026.
Does Wisconsin recognize common law marriage?
Wisconsin does not allow couples to form a common law marriage within the state. Wisconsin abolished common law marriage in 1917 when the legislature enacted what is now codified as Wis. Stat. section 765.01, which requires every marriage to be solemnized in the manner directed by the chapter and for a marriage license to be obtained in advance. Because abolition occurred over a century ago, there is no practical grandfather class of Wisconsin-formed common law marriages that couples might seek to enforce today. Any claim that a common law marriage was formed in Wisconsin after 1917 has no legal foundation.
The Wisconsin abolition predates similar legislative action in states such as Alabama (2017), South Carolina (2019), and Pennsylvania (2005) by decades. The Wisconsin legislature acted early to require formal marriage ceremonies and licensing as the exclusive pathway to marital status. This has been the law in Wisconsin continuously since 1917.
Why Wisconsin abolished common law marriage
Wisconsin was among the earliest states to eliminate common law marriage formation. The 1917 statutory scheme reflected a legislative determination that formal, documented marriages served important public interests: providing clarity in inheritance matters, protecting surviving spouses, enabling accurate vital-statistics records, and reducing litigation over whether a marriage existed at all.
Wis. Stat. section 765.01 establishes that marriages must be solemnized under the authority of the chapter. Wis. Stat. section 765.12 requires that the parties obtain a marriage license before solemnization. Together these provisions make the license and the ceremony mandatory prerequisites. A couple that cohabits in Wisconsin, holds itself out publicly as married, and never obtains a license has not created a legally recognized marriage, regardless of the duration of the relationship or the parties' subjective belief that they are married.
Because Wisconsin abolished common law marriage rather than never recognizing it in the first place, there is a historical cutoff: the 1917 statutory change. A marriage formed in Wisconsin before 1917 under common law principles would, in theory, be valid, but the practical significance is negligible given the passage of time. For all modern purposes, Wisconsin simply does not allow common law marriage formation.
Does Wisconsin recognize a common law marriage from another state?
Yes. Wisconsin gives full legal effect to a common law marriage that was validly formed in another state. This recognition flows from two sources: the Full Faith and Credit Clause of the United States Constitution, which requires each state to honor the public acts, records, and judicial proceedings of every other state, and the common law principle of comity, under which courts recognize legal relationships validly created in another jurisdiction.
Practically, this means that a couple who formed a valid common law marriage in Colorado, Texas, Iowa, Kansas, Montana, Rhode Island, or the District of Columbia, and who later moved to Wisconsin, retains full marital status in Wisconsin. Wisconsin courts and government agencies treat the couple as legally married for purposes of divorce, property division, spousal maintenance, inheritance, and all other legal incidents of marriage.
To invoke Wisconsin recognition, the party asserting the marriage must show that it was valid under the law of the state where it was formed. A couple claiming a Texas informal marriage, for example, must demonstrate that they met the requirements of Texas Family Code section 2.401, including a present agreement to be married, cohabitation in Texas, and representation to others that they were married.
How to prove a common law marriage formed in another state
Because a common law marriage is formed without a license or official certificate, the party asserting the marriage bears the burden of proof. The standard and specific elements vary by the state where the marriage was formed, but courts in Wisconsin evaluating a claimed out-of-state common law marriage typically look at the same categories of evidence.
Evidence courts commonly consider includes:
- Joint federal and state income tax returns filed as married filing jointly or married filing separately
- Joint bank accounts, mortgage documents, lease agreements, or jointly titled real property
- Insurance policies listing the other party as a spouse or dependent
- Statements on government forms, loan applications, or credit applications identifying the relationship as a marriage
- Testimony from family members, friends, neighbors, coworkers, or clergy who knew the couple as a married pair
- Written correspondence, emails, social media posts, or other records in which the parties referred to each other as husband, wife, or spouse
- Shared surname or documented use of the other partner's last name
- Affidavits signed by both parties acknowledging the marriage
No single item is conclusive. Courts assess the totality of the relationship to determine whether the parties genuinely agreed to be married and held themselves out accordingly, as required by the law of the state where the marriage was allegedly formed.
The 7-year myth
A persistent misconception holds that living together for seven years automatically creates a common law marriage. This is false in every state in the United States. No state, including the states that still allow common law marriage formation, sets a minimum number of years of cohabitation as a requirement or as an automatic trigger for marital status.
In the states that do permit common law marriage, the requirements focus on intent and conduct: a mutual present agreement to be married, cohabitation, and public representation as a married couple. Duration of cohabitation may serve as circumstantial evidence of intent, but no threshold number of years creates a marriage by itself.
In Wisconsin, this point is especially clear because the state abolished common law marriage over a century ago. No period of cohabitation, whether two years or twenty years, creates a marriage in Wisconsin without a license and a proper ceremony.
How a common law marriage ends
A valid common law marriage, wherever it was formed, can only be terminated by a formal legal divorce or the death of a spouse. There is no such thing as a common law divorce or an informal dissolution of a marriage. Walking away from the relationship, separating households, or no longer presenting as a married couple does not end a legal marriage.
This rule has significant practical implications. A person who entered a valid common law marriage in Colorado and later moved to Wisconsin is still legally married under Wisconsin law even if the couple has separated informally. If that person later attempts to marry a new partner in Wisconsin, the second marriage would be void because the first valid marriage subsists.
Divorce proceedings to dissolve a common law marriage validly formed in another state proceed in Wisconsin in the same manner as a divorce from a ceremonially solemnized marriage. Wisconsin is a community property state under Chapter 766 of the Wisconsin Statutes, and courts apply the same marital property rules, spousal maintenance standards under Wis. Stat. section 767.56, and procedural requirements that govern any Wisconsin divorce action.
For context on related financial matters, see Wisconsin alimony laws and Wisconsin child support laws.
For a state-by-state comparison of which jurisdictions recognize common law marriage, see Common law marriage by state.
Disclaimer: This page provides general legal information about common law marriage recognition in Wisconsin and is not legal advice. Marriage and family law determinations are fact-specific and depend on individual circumstances, including the law of the state where any claimed common law marriage was formed. This information was verified as of June 2, 2026. Consult a licensed Wisconsin family law attorney for advice about your specific situation.
Last updated: June 2, 2026.
More Wisconsin Laws
Frequently Asked Questions
Does Wisconsin have common law marriage?
No. Wisconsin abolished common law marriage in 1917. Wis. Stat. section 765.01 requires every marriage to be solemnized and Wis. Stat. section 765.12 requires a marriage license. No amount of cohabitation in Wisconsin after 1917 creates a legal marriage without a license and a proper ceremony.
When did Wisconsin abolish common law marriage?
Wisconsin abolished common law marriage in 1917 through legislation now codified in Wis. Stat. section 765.01. This was among the earliest state abolitions, predating similar moves by Alabama (2017), Pennsylvania (2005), and South Carolina (2019) by many decades.
What if I formed a common law marriage in another state and then moved to Wisconsin?
Wisconsin will recognize a common law marriage validly formed in another state under the Full Faith and Credit Clause and comity principles. You retain married status in Wisconsin for purposes of divorce, inheritance, property rights, and spousal support. To end the marriage you would need to file for divorce in Wisconsin or another court with jurisdiction.
Is 7 years of living together a common law marriage in Wisconsin?
No. This is a myth. No state requires a specific number of cohabitation years to create a marriage, and Wisconsin abolished common law marriage formation over a century ago. Cohabiting in Wisconsin for seven years, or any other period, without a license and ceremony does not create a legal marriage.
Can I claim common law marriage rights in Wisconsin after a long-term relationship ends?
Not for a relationship formed in Wisconsin after 1917, because common law marriage formation has been abolished. If the couple lived for a time in a state that does permit common law marriage, it may be possible to assert that a valid marriage was formed there, but this requires satisfying that state's specific legal requirements and presenting evidence to a court.
Do I need a divorce to end a common law marriage recognized in Wisconsin?
Yes, if the common law marriage was validly formed in a state that permits it. A legal marriage, whether ceremonial or common law, can only be dissolved by divorce, annulment, or death. There is no informal dissolution. Failing to obtain a divorce before remarrying can render the second marriage void.
Which states allow common law marriage that Wisconsin would recognize?
As of 2026, the states that still allow formation of new common law marriages include Colorado, Iowa, Kansas, Montana, Oklahoma (with some contested recognition), Rhode Island, Texas (called informal marriage), and Utah (which requires a court order). The District of Columbia also recognizes common law marriage. A marriage validly formed in any of those jurisdictions will be recognized in Wisconsin.
Sources and References
- Wis. Stat. section 765.01, Marriage; formal requirements(docs.legis.wisconsin.gov)
- Wis. Stat. section 765.12, Marriage license; required(docs.legis.wisconsin.gov)
- Wis. Stat. section 767.56, Maintenance payments(docs.legis.wisconsin.gov)
- U.S. Constitution Art. IV sec. 1 (Full Faith and Credit Clause)(law.cornell.edu)
- Texas Family Code section 2.401, Informal Marriage. Texas Legislature(statutes.capitol.texas.gov).gov
- Colorado Revised Statutes section 14-2-109.5, Common law marriages. Colorado General Assembly(leg.colorado.gov).gov