Wisconsin does not recognize common-law marriage. This means that simply living together, sharing finances, or presenting yourselves as a married couple will not legally constitute a marriage in the eyes of the state. This can have significant implications for taxes, inheritance, healthcare decisions, and other legal matters. This guide will clarify the misconceptions surrounding common-law marriage in Wisconsin and explain the necessary steps to legally marry.
Does Wisconsin Recognize Common Law Marriages?
No. Wisconsin is one of many states that do not recognize common-law marriages. This means that regardless of how long a couple has lived together or how they present themselves to others, they are not considered legally married unless they have obtained a marriage license and had their marriage solemnized by an authorized officiant.
What Constitutes a Legal Marriage in Wisconsin?
A legal marriage in Wisconsin requires a valid marriage license obtained from the county clerk's office and a ceremony performed by an authorized officiant. This officiant can be a judge, clergy member, or other legally authorized individual. Both parties must consent to the marriage.
What Happens if a Couple Believes They Are Common Law Married in Wisconsin?
If a couple believes they are common-law married in Wisconsin but are not legally married, they have no legal recourse to claim marital status. Any agreements made between them will be treated under the laws governing unmarried couples. This can have serious ramifications in various aspects of their lives, discussed below.
What are the Legal Implications of Not Being Legally Married in Wisconsin?
The lack of legal marriage has significant consequences:
- Inheritance: Without a will, property may not automatically pass to the surviving partner. Intestacy laws will dictate how assets are distributed.
- Taxes: Married couples often benefit from specific tax advantages not available to unmarried couples.
- Healthcare Decisions: A spouse typically has the right to make healthcare decisions for an incapacitated partner. This right is not automatically granted to unmarried partners.
- Hospital Visitation: Hospitals may restrict visitation rights for unmarried partners.
- Pension and Retirement Benefits: Many pension and retirement plans offer spousal benefits, which are unavailable to unmarried partners.
How Can a Couple Become Legally Married in Wisconsin?
The only way to become legally married in Wisconsin is to obtain a marriage license from the county clerk's office and have a ceremony performed by an authorized officiant. This process ensures legal recognition of the marriage and provides all the associated rights and protections.
What if I Was Married in a State That Recognizes Common Law Marriage?
If you were married in a state that recognizes common-law marriage and now reside in Wisconsin, Wisconsin will likely recognize your marriage as valid. However, it's crucial to have documentation proving the marriage in the state where it occurred.
Can I Create a Legal Document Similar to a Common Law Marriage in Wisconsin?
While Wisconsin doesn't recognize common-law marriage, couples can create legal documents like cohabitation agreements or domestic partnership agreements to outline their rights and responsibilities regarding finances, property, and other matters. These agreements, however, do not grant the same legal protections as marriage. Consulting with an attorney is highly recommended to ensure these documents are legally sound and protect both partners' interests.
This information is for general knowledge and informational purposes only, and does not constitute legal advice. For specific legal advice regarding your situation, you should consult with a qualified attorney in Wisconsin.
