📅 2026 Update: Changes in Common Law Marriage Recognition

Since the original article was published, there have been important changes in how common law marriage is recognized across various states. Wisconsin now acknowledges out-of-state common law marriages for certain state programs, which broadens the protections available to couples. The details below highlight these updates and their implications for couples considering or navigating common law marriage.

🏛️ Wisconsin's New Stance on Common Law Marriage

As of May 22, 2026, Wisconsin's Department of Health Services clarified that for Medicaid, BadgerCare Plus, and FoodShare programs, a spouse includes someone recognized under federal law as a legal partner. This includes common law marriages valid in the state where they were formed.

📄 Texas Declaration of Informal Marriage

In Texas, couples can file a Declaration of Informal Marriage with their county clerk. This document formalizes their common law marriage. The filing fee varies by county, and it's important for couples to check with their local office for specific costs.

⏳ Processing Times in Texas

The processing time for a Declaration of Informal Marriage in Texas also differs by county. Couples should be prepared for varying wait times depending on their location, which can affect when their marriage is officially recognized.

🚫 States That Do Not Recognize Common Law Marriage

Currently, 35 states do not allow common law marriage. These states require couples to obtain a marriage license and hold a ceremony to be legally recognized as married. This fact is crucial for couples considering cohabitation without formal marriage.

📂 Rights of Common Law Partners

When recognized, a common law marriage provides the same legal rights as a ceremonial marriage. This includes rights to property division, spousal benefits, inheritance, and the ability to file taxes jointly as a married couple.

📌 Key Points to Remember

  • 🏛️ Wisconsin now recognizes out-of-state common law marriages for certain programs.
  • 📄 Texas couples can formalize their common law marriage with a Declaration of Informal Marriage.
  • ⏳ Processing times for this declaration vary by county.
  • 🚫 35 states do not recognize common law marriage at all.
  • 📂 Common law marriages carry the same rights as traditional marriages where recognized.

💡 Tips for Understanding Common Law Marriage

Review the details of your situation with your attorney to ensure you're fully informed about your rights and options.

📜 Know Your State's Laws

Understanding your state's laws is crucial. Some states have specific requirements for common law marriage, while others do not recognize it at all.

👫 Confirm Eligibility Criteria

In states like Texas and Colorado, both partners must be at least 18 years old and not already married. Check local laws to confirm eligibility before proceeding.

📑 Keep Documentation

Maintain records that show your mutual intent to be married, cohabitation, and public reputation as a married couple. This documentation can be important in legal situations.

💼 Utilize Available Resources

Take advantage of free resources, like the Wisconsin Department of Health Services, for information on marital status and benefits. This can help clarify your standing in the eyes of the law.

📅 Be Aware of Marital Status Verification

In Wisconsin, marital status does not need to be verified for Medicaid and other programs unless questionable. Stay informed about how this may affect you.

🏠 Understand Partner Rights

Where common law marriage is recognized, partners have rights similar to those in formal marriages. Be familiar with these rights to protect yourself.

❓ Frequently Asked Questions

🤔 What states recognize common law marriage as of 2026?

Only seven states and the District of Columbia recognize new common law marriages: Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, and Texas.

🏠 How can I prove a common law marriage in Texas?

In Texas, couples can prove a common law marriage by demonstrating that they agreed to be married, cohabited, and presented themselves as married to others.

🚫 Can I establish a common law marriage in Wisconsin?

Wisconsin does not allow the establishment of common law marriages but recognizes valid marriages performed in other states.

📅 What are the requirements for common law marriage in Colorado?

In Colorado, both partners must be at least 18 years old and not prohibited from marrying under state law.

🏛️ How does common law marriage affect property rights?

Common law marriage provides the same legal rights as a ceremonial marriage, including rights to property division and inheritance.

📜 What should I keep as proof of a common law marriage?

Maintaining records such as joint tax returns, shared leases, or accounts can help prove the existence of a common law marriage.

⚖️ Recent Cases Related to Common Law Marriage

Recent court rulings have clarified aspects of common law marriage, reinforcing how it interacts with statutory law in various states. These cases provide insights into legal interpretations and partner rights.

For more information, you can browse more rulings on the news page.

End of October 2026 Update





Common law systems are based on precedence. This means that judicial decisions are made on a case-by-case basis. A case that shares similar circumstances to a previous court ruling will be decided in the same manner. This allows for consistency and predictability by judges. It will also attempt to eliminate any bias or other interpretation of the law by judges.

Statutory law is a more formal collection of written rules and regulations that are enforceable by law. Statutory law will mainly consist of laws that either mandate or prohibit specific information. Statutory law will interact with the common law when judges are making decisions. The main distinction between common law systems and statutory law is the way in which laws are created. While the common law is developed through judge's decisions, statutory law will be created from a legislative process that codifies new laws.

Judges will use a combination of precedent and statutory law when ruling on cases. For the most part, contract law, tort law, and property law do not exist in statutory law, but are rooted in the common law. However, there are certain issues, such as the international sale of goods in contract law, that will be ruled by statutory law. In this case, the judges must research past precedence, as well as statutory law, in order to make a decision about a specific case. Basically, decisions will be made based on precedence while adhering to statutory law.

Discover How Common Law Interacts with Statutory Law

Statutory law gives general, broad statements of policy, while the common law will put this policy into practice and define its limits. This means that the common law is absolutely necessary to interpreting statutory law. Many times a law can be vague or it can fail to define important terms. This is where common law will expand on the exact definition of statutory law and exactly define terms. For example, tort law may not list in statute all of the damages that a plaintiff can obtain from a defendant.

Common law will allow the wronged party to sue medical expenses, lost wages, pain and suffering, etc. Even though this is not explicitly stated in statutory law, common law sets out damages the plaintiff can obtain through precedent. By making decisions based on precedent, courts are able to stay consistent. This ensures that the fact of a case will not be treated differently under different situations. In civil law systems that rely primarily on statutory law, judges' bias can sometimes become an issue.