Common Law Marriage

I have been in a relationship for twelve years. We assume we are common law.We have been living in Wisconsin since 1995. I am thinking about divorcing and need to know if we are legally married. Also we have two sons together and I am thinking of leaving the state and moving to Ohio to look for employment opportunities. Can I legally move with my sons over Wisconsin state lines?

The first thing you need to do is get to your local library and look up the state statutes concerning common law Marriage. It usually is determined by a set time period of living together in the same home. Also, if one state determines you are legally married, then you are in the rest of the states as well. If you have ever filed your taxes together, you are usually looked upon by the government as common law married. I would think that twelve years is probably well over the normal state time requirements. In that case, you will need to proceed with separation, divorce, and child custody in the normal manner. All of this should be done BEFORE you make any attempt to cross state lines. Even if you are awarded sole or even joint custody, moving without the approval of the court could result in a change in custody, in favor of your "husband." Make sure you know all the facts before taking this step or it may be detrimental to you and your children.

What states have you 2 lived in and for how long? WI does not legalize common law marriage, although it will recognize a common law marriage created in another state. If you 2 lived in a common law state for the required time, you're married. Otherwise you're not.


765.05 Marriage license; by whom issued. No person may be joined in marriage within this state until a marriage license has been obtained for that purpose from the county clerk of the county in which one of the parties has resided for at least 30 days immediately prior to making application therefor. If both parties are nonresidents of the state, the marriage license may be obtained from the county clerk of the county where the marriage ceremony is to be performed. If one of the persons is a nonresident of the county where the marriage license is to issue, the nonresident's part of the application may be completed and sworn to (or affirmed) before the person authorized to accept such applications in the county and state in which the nonresident resides.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.