Q. Does Common Law Marriage exist in Wisconsin?
A. Common law marriage was outlawed in the State of Wisconsin in 1917.
Under Wisconsin Statutes 765.16, marriage can only be contracted by two people after issuance of a marriage license and mutual declaration of the two parties to be joined in marriage before a duly authorized official, and in the presence of two adult witnesses. This rule has never been changed. Even if the couple later intermarries, contributions made by the parties to each other during the period of premarital cohabitation will not be considered by the court in divorce or legal separation, absent a showing of gross unjust enrichment by one of the other. The courts narrowly interpret “unjust enrichment as evidenced by the case law.
– Milwaukee Bar Association Lawyer Referral and Information Service attorney Margadette Demet.
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