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
| Requirement | Details |
|---|---|
| Filing Fee | $70-$160 (varies by county; as of January 2026, verify with your local clerk) |
| Waiting Period | 20 days minimum after filing and service under Wyo. Stat. § 20-2-108 |
| Residency Requirement | 60 days in Wyoming under Wyo. Stat. § 20-2-107 |
| Grounds for Divorce | Irreconcilable differences (no-fault) under Wyo. Stat. § 20-2-104 |
| Property Division | Equitable distribution with all-property approach under Wyo. Stat. § 20-2-114 |
| Common Law Marriage Formation | Not permitted in Wyoming |
| Recognition of Out-of-State Common Law Marriage | Yes, under Wyo. Stat. § 20-1-111 |
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
| State | Cutoff Date | Recognition |
|---|---|---|
| Alabama | January 1, 2017 | Only marriages established before this date |
| Florida | January 1, 1968 | Only marriages established before this date |
| Georgia | January 1, 1997 | Only marriages established before this date |
| Indiana | January 1, 1958 | Only marriages established before this date |
| Ohio | October 10, 1991 | Only marriages established before this date |
| Pennsylvania | January 1, 2005 | Only marriages established before this date |
| South Carolina | July 24, 2019 | Only marriages established before this date |
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
- 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)
- Establish 60 days of continuous Wyoming residency before filing
- File a Complaint for Divorce in the district court of the county where you or your spouse resides
- Pay the filing fee ($70-$160 depending on county)
- Serve your spouse with divorce papers (cost: $35-$100 for service of process)
- Wait the mandatory 20-day period under Wyo. Stat. § 20-2-108
- Negotiate or litigate property division, support, and custody matters
- 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
| Evidence Type | Examples | Weight |
|---|---|---|
| Tax Documents | Joint federal and state tax returns filed as married filing jointly | Strong |
| Property Records | Deeds, mortgages, and titles listing both parties as husband and wife | Strong |
| Insurance Documents | Health insurance beneficiary designations, life insurance policies | Strong |
| Financial Records | Joint bank accounts, credit cards, loan applications as married couple | Moderate |
| Sworn Declarations | Declaration of Informal Marriage filed in Texas county clerks office | Very Strong |
| Testimony | Affidavits from family members, friends, employers recognizing the marriage | Moderate |
| Official Documents | Drivers licenses, passports, or other documents listing married status | Moderate |
| Social Evidence | Wedding announcements, anniversary celebrations, introductions as spouse | Supportive |
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
| Expense Category | Uncontested Range | Contested Range |
|---|---|---|
| Filing Fee | $70-$160 | $70-$160 |
| Service of Process | $35-$100 | $35-$100 |
| Attorney Fees | $500-$2,500 | $5,000-$30,000+ |
| Parenting Classes | $25-$50 per parent | $25-$50 per parent |
| Custody Evaluation | Not typically needed | $2,500-$7,500 |
| Real Estate Appraisal | $300-$600 | $300-$600 |
| Business Valuation | Not typically needed | $3,000-$10,000 |
| Total Estimated Cost | $700-$3,300 | $11,000-$50,000+ |
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
| Phase | Uncontested Timeline | Contested Timeline |
|---|---|---|
| Pre-Filing Residency | 60 days minimum | 60 days minimum |
| Filing and Service | 1-2 weeks | 1-2 weeks |
| Mandatory Waiting Period | 20 days | 20 days |
| Discovery and Negotiation | Not typically needed | 2-6 months |
| Trial Preparation | Not needed | 1-3 months |
| Trial | Not needed | 1-5 days |
| Final Decree Entry | 1-2 weeks | 2-4 weeks after trial |
| Total Estimated Time | 80-120 days | 6-18 months |
Wyoming has no waiting period for remarriage after divorce. Once the divorce decree is entered, either party may remarry immediately.
Frequently Asked Questions: Common Law Divorce Wyoming
Can I get a common law divorce in Wyoming if we never had a formal wedding?
You cannot get a common law divorce in Wyoming if your relationship was formed entirely in Wyoming because Wyoming does not recognize common law marriages created within the state. However, if you established a valid common law marriage in Colorado, Iowa, Kansas, Montana, Texas, Utah, or Washington D.C. before moving to Wyoming, you must file for formal divorce in Wyoming district court. The filing fee ranges from $70 to $160, and the process takes a minimum of 80 days including the 60-day residency requirement and 20-day waiting period.
How do I prove my common law marriage is valid for Wyoming divorce purposes?
Wyoming courts require clear and convincing evidence that your common law marriage was validly established in a state that recognizes such unions. The strongest evidence includes joint tax returns filed as married filing jointly, property deeds listing both parties as husband and wife, a signed Declaration of Informal Marriage from Texas, and sworn affidavits from family members and friends who knew you as a married couple. Courts examine whether you both intended to be married, lived together in the recognizing state, and held yourselves out publicly as spouses.
Does Wyoming divide property differently in common law divorces?
No. Wyoming applies identical property division rules to common law divorces as traditional divorces under Wyo. Stat. § 20-2-114. Wyoming uses equitable distribution with an all-property approach, meaning courts can divide any asset either spouse owns, including property acquired before the common law marriage, inheritances, and gifts. Courts consider factors including the length of the relationship, contributions to the marriage, each spouses earning capacity, and how assets were acquired.
What if my spouse denies we have a common law marriage?
If your spouse denies the existence of a common law marriage, you must prove its validity through documentary evidence and witness testimony. Courts examine tax returns, property records, insurance documents, and testimony from people who knew you as a married couple. If you cannot prove the common law marriage existed, the court may dismiss your divorce case, potentially leaving you without spousal support rights and limiting your property division options to other legal claims like unjust enrichment or partition of jointly-owned property.
How long does a common law divorce take in Wyoming?
An uncontested common law divorce in Wyoming takes approximately 80 to 120 days total: 60 days to satisfy the residency requirement before filing, plus 20 days mandatory waiting period, plus 1-4 weeks for processing the final decree. Contested divorces involving disputes over property, custody, or support take 6 to 18 months or longer. Wyoming has one of the shortest waiting periods in the nation at 20 days, and there is no separation period requirement before filing.
Can I get alimony from a common law spouse in Wyoming?
Yes. Wyoming courts award alimony in common law divorces using the same standards as traditional divorces under Wyo. Stat. § 20-2-114. Courts consider the paying spouses ability to pay, the receiving spouses financial needs, the length of the marriage, each partys earning capacity, contributions to the others career, and the standard of living during the relationship. Wyoming does not use fixed alimony formulas, giving judges discretion based on each cases circumstances.
What happens to our children in a common law divorce?
Children born during a valid common law marriage have identical legal rights as children born during traditional marriages. Wyoming courts determine custody based on the best interests of the child, considering factors including each parents relationship with the child, ability to provide care, and home stability. Child support follows Wyoming guidelines based on both parents incomes. For custody jurisdiction, children must have resided in Wyoming for six consecutive months before filing unless an emergency exists.
Do I need a lawyer for a common law divorce in Wyoming?
While not legally required, hiring a divorce attorney is advisable for common law divorces because you must first prove the marriages validity. An uncontested common law divorce with an attorney costs $500 to $2,500 in attorney fees plus $70 to $160 filing fees. Contested cases cost $5,000 to $30,000 or more in attorney fees. If you cannot afford an attorney, Wyoming Legal Aid (lawyoming.org) offers free legal assistance to qualifying individuals, and courts provide self-help packets at wyocourts.gov.
Can I file for common law divorce immediately after moving to Wyoming?
No. Under Wyo. Stat. § 20-2-107, you must establish 60 days of continuous Wyoming residency before filing for divorce. The only exception applies if you married in Wyoming and have resided continuously in the state since the marriage. For common law marriages formed in other states, you must wait the full 60-day period. You may file in the district court of any county where you or your spouse currently resides.
What is the difference between cohabitation and common law marriage in Wyoming?
Cohabitation in Wyoming creates no marital rights regardless of duration, shared finances, or public perception of the relationship. Common law marriage requires establishing the union in a state that legally recognizes it, meeting that states specific requirements for intent, cohabitation, and public recognition. Simply living together in Wyoming never creates a marriage. If you cohabited in Wyoming without first establishing a common law marriage in a recognizing state, you have no divorce rights and must pursue other legal remedies like partition of jointly-owned property.