Common Law Marriage Divorce in Wyoming: 2026 Complete Legal Guide

Wyoming does not permit couples to establish common law marriages within its borders, but it fully recognizes valid common law marriages created in other states under Wyo. Stat. § 20-1-111. If you entered a common law marriage in Colorado, Texas, Kansas, Iowa, Montana, Utah, or Washington D.C., Wyoming courts will treat your union as a legal marriage requiring formal divorce proceedings. The filing fee ranges from $70 to $160 depending on county, the mandatory waiting period is 20 days, and residency requires 60 days in Wyoming before filing. Because Wyoming applies its all-property equitable distribution approach, courts can divide any asset either spouse owns, including property acquired before the common law marriage began.

Key Facts: Common Law Divorce Wyoming

Wyoming Does Not Allow Common Law Marriage Formation

Wyoming courts do not recognize common law marriages formed within the state, regardless of how long a couple lives together or holds themselves out as married. Under Wyoming law established in In re Roberts Estate (1943), neither marriage statutes nor public policy justify recognizing common law marriages created in Wyoming. This means that cohabiting couples in Wyoming, even those who share finances, raise children together, and present themselves as spouses for decades, have no marital rights under Wyoming law unless they obtain a formal marriage license from a county clerk.

The Wyoming Supreme Court has consistently maintained this position for over 80 years. Living together in Wyoming does not create a marriage, and there is no minimum cohabitation period that triggers marital status. Couples seeking the legal protections of marriage must obtain a marriage license, which requires both parties to be over 18 years old, not already married, not closely related, and legally competent to enter into a civil contract. Wyoming marriage licenses have no waiting period and remain valid for one year after issuance.

Wyoming Recognizes Valid Out-of-State Common Law Marriages

Wyo. Stat. § 20-1-111 states that all marriage contracts valid by the laws of the country in which contracted are valid in Wyoming. This means Wyoming courts will recognize a common law marriage legally established in another state that permits such unions. The Full Faith and Credit Clause of the U.S. Constitution requires Wyoming to respect valid marriages from other jurisdictions, including common law marriages from the seven states that still allow their formation: Colorado, Iowa, Kansas, Montana, Texas, Utah, and Washington D.C.

To have a common law marriage recognized in Wyoming, the union must have been validly established in a state that permits common law marriage, meeting all of that states requirements. For example, a couple who established a common law marriage in Colorado before moving to Wyoming would need to demonstrate they agreed to be married, cohabited in Colorado, and held themselves out as married to the community while residing there. Evidence such as joint tax returns, shared bank accounts, property owned as husband and wife, and testimony from friends and family members can establish the validity of the original common law marriage.

States Where Common Law Marriage Is Still Valid (2026)

As of 2026, only seven jurisdictions still permit the formation of new common law marriages. Colorado allows common law marriage with no age restriction beyond the standard marriage age. Iowa requires the parties to intend to be married, agree to be married, and continuously cohabit. Kansas requires capacity to marry, a present marriage agreement, and public recognition of the marriage. Montana recognizes common law marriage if parties are capable of consenting, assume a marital relationship, and confirm their relationship through cohabitation and public repute. Texas allows informal marriage through either a signed Declaration of Informal Marriage filed with the county clerk or by agreement, cohabitation in Texas, and representation to others as married. Utah requires cohabitation, mutual assumption of marital rights and duties, and holding out as married, though parties should register the marriage with the court within one year of separation. Washington D.C. requires legal capacity to marry, intent to be married, and community recognition.

States With Grandfathered Common Law Marriages

Wyoming will recognize these grandfathered common law marriages if they were validly established before the respective cutoff dates in each state.

How to Divorce a Common Law Spouse in Wyoming

Divorcing a common law spouse in Wyoming follows identical procedures to divorcing a traditionally married spouse. Under Wyo. Stat. § 20-2-104, the sole ground for divorce is irreconcilable differences, making Wyoming a true no-fault state. Neither spouse must prove wrongdoing; only that the marriage has broken down irretrievably with no reasonable prospect of reconciliation. The petitioner must establish 60 days of Wyoming residency under Wyo. Stat. § 20-2-107 before filing in the district court of the county where either spouse resides.

Step-by-Step Common Law Divorce Process

1. Gather evidence proving the common law marriage was validly established in another state (joint tax returns, property deeds, affidavits from witnesses, declarations of informal marriage)
2. Establish 60 days of continuous Wyoming residency before filing
3. File a Complaint for Divorce in the district court of the county where you or your spouse resides
4. Pay the filing fee ($70-$160 depending on county)
5. Serve your spouse with divorce papers (cost: $35-$100 for service of process)
6. Wait the mandatory 20-day period under Wyo. Stat. § 20-2-108
7. Negotiate or litigate property division, support, and custody matters
8. Obtain final divorce decree from the court

Proving a Common Law Marriage in Wyoming Divorce Court

Wyoming courts require clear and convincing evidence that a valid common law marriage was established in another state. The burden of proof falls on the party claiming the common law marriage exists. Courts examine multiple factors including whether both parties intended to be married, whether they cohabited in a state recognizing common law marriage, whether they held themselves out as married to their community, and whether they exercised marital rights and duties. Documentary evidence carries significant weight in these determinations.

Evidence Wyoming Courts Accept for Common Law Marriage

Property Division in Common Law Divorce Wyoming

Wyoming applies equitable distribution principles to all divorces, including those involving common law marriages, under Wyo. Stat. § 20-2-114. Wyoming uses an all-property approach, meaning courts can divide any asset owned by either spouse, including property acquired before the common law marriage, inheritances, and gifts. This makes Wyoming one of approximately 10 states with such broad property division authority. The Wyoming Supreme Court has consistently held that equitable does not mean equal, and courts have wide discretion to award unequal shares based on the circumstances.

Factors Courts Consider Under Wyo. Stat. § 20-2-114

Wyoming courts weigh the respective merits of the parties, the condition each spouse will face after divorce, how each asset was acquired, contributions to the marriage including homemaking and childcare, each spouses earning capacity, the length of the marriage or relationship, and any burdens imposed on property for the benefit of children. In common law marriage divorces, courts may also consider the length of cohabitation before the common law marriage was established and property accumulated during that pre-marriage cohabitation period.

Wyoming Divorce Costs for Common Law Marriages

Divorcing a common law spouse in Wyoming involves the same costs as any other divorce proceeding. Filing fees range from $70 to $160 depending on the county, with Sheridan County and Natrona County charging $160 while other counties charge less. Service of process typically costs $35 to $100. An uncontested common law divorce in Wyoming costs $700 to $3,300 total when both parties agree on all issues. Contested divorces involving disputes over property, support, or custody cost $11,000 to $50,000 or more, with attorney fees of $200 to $400 per hour representing the largest expense.

Cost Comparison: Common Law Divorce Wyoming

Fee waivers are available for those who cannot afford filing costs. Wyoming courts offer the Affidavit of Indigency (Self-Help Packet 10) through wyocourts.gov for qualifying individuals.

Child Custody in Common Law Divorce Cases

Wyoming courts make custody determinations based on the best interests of the child standard, applying identical rules to children born during common law marriages as to children born during traditional marriages. Under Wyoming custody law, courts consider factors including each parents ability to provide for the childs needs, the quality of the relationship between each parent and child, the stability of each parents home environment, and the childs preference if the child is of sufficient age and maturity to express a meaningful opinion.

For custody jurisdiction purposes, children must have resided in Wyoming for at least six consecutive months before the court can make custody determinations, unless an emergency situation exists. This requirement applies regardless of whether the parents were legally married or in a common law marriage. Wyoming courts encourage shared custody arrangements and parenting plans that maximize both parents involvement in the childs life.

Spousal Support (Alimony) in Common Law Divorce

Under Wyo. Stat. § 20-2-114, Wyoming courts may award reasonable alimony from the estate of either party, considering the paying spouses ability to pay and the receiving spouses financial needs. Alimony in common law divorces follows the same principles as traditional divorces. Courts examine factors including the length of the marriage or relationship, each spouses earning capacity and employment history, the standard of living established during the relationship, contributions to the others education or career, and each partys financial resources and obligations.

Wyoming does not have fixed alimony formulas or duration guidelines, giving judges significant discretion in awarding support. Rehabilitative alimony designed to help a spouse become self-supporting is more common than permanent alimony, particularly in marriages of shorter duration. The Wyoming Supreme Court has held that alimony should not be used to equalize the parties economic positions but rather to provide reasonable support based on need and ability to pay.

Timeline: Common Law Divorce Wyoming 2026

The fastest possible common law divorce in Wyoming takes approximately 80 days from start to finish: 60 days to establish residency before filing plus 20 days mandatory waiting period after filing and service. Uncontested divorces where both parties agree on all issues typically finalize within 30 to 60 days after filing. Contested divorces involving disputes over property, custody, or support can take 6 to 18 months or longer depending on case complexity and court scheduling.

Wyoming Divorce Timeline Breakdown

Wyoming has no waiting period for remarriage after divorce. Once the divorce decree is entered, either party may remarry immediately.