2006-10-26 07:46:47 · 15 answers · asked by princessfoo 4 in Family & Relationships ➔ Marriage & Divorce
It depends on your situation. I have been common law married twice. The first time we had a joint bank account, we bought a house and we had numerous vehicles in both our names. We had to file for a divorce because we were in dispute over who gets what, and financial matters. The other one I didn't because there was no disagreement, we just went our separate ways. The divorce mostly has to deal with if you have alot of joint stuff. Including filing taxes as a married couple. At least that's how it was in my case.
2006-10-26 08:19:46 · answer #1 · answered by givelife 3 · 0⤊ 0⤋
Common-law marriage (or common law marriage), sometimes called informal marriage or marriage by habit and repute is, historically, a form of interpersonal status in which a man and a woman are legally married. The term is often mistakenly understood to indicate an interpersonal relationship that is not recognized in law. In fact, a common law marriage is just as legally binding as a statutory or ceremonial marriage in most jurisdictions — it is just formed differently.
So you do need to get divorce split marital property, establish custody of children and all those things which affect you and your spouse.
2006-10-26 07:53:38 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you're in a state that recongiznes common law marriage, yes you do have to go through a divorce. You are techninally married in that state and have to do the same process.
2006-10-26 07:52:07 · answer #3 · answered by Stephanie 3 · 0⤊ 0⤋
Yes. common law marriage as a legal marriage if 1.You have been co habitating for a year or more 2. If you use the same last name. 3. If you file taxes jointly.But remember each state is different so laws are different.Check with your local clerk of courts and find out.
2006-10-26 07:48:55 · answer #4 · answered by Red 2 · 0⤊ 1⤋
Not many states recognize common law marriages anymore. But, if in your state it is .. Yes, you need a divorce. Talk to a lawyer about your options.
2006-10-26 07:53:46 · answer #5 · answered by mayihelpyou 5 · 0⤊ 0⤋
Funny thing that most people don't know; If both of you ever introduce yourselves as married to just one person, you're legally married. However, since it is not "on paper" you do not have to get a divorce. You're free to walk away. You might have to go to court if you can't decide how to divide up property though.
2006-10-26 07:54:07 · answer #6 · answered by andi b 4 · 0⤊ 0⤋
No, just stop living together and presenting your self as being married. That should work in most states.
Also, you could legally marry somebody else. I think that would trump the common law thing.
2006-10-26 07:49:36 · answer #7 · answered by Senor Pig 3 · 0⤊ 1⤋
Marriage and common law are two separate arrangements and divorce only applys to marriage.
2006-10-26 07:50:07 · answer #8 · answered by Cdn_Superdave 4 · 0⤊ 1⤋
By Law you are require to, since you might have issues if you try to re-marry.
But if you don't play to marry again then don't bother but then again there are legal issues, in the state of California if you are married half of yours goes to your other half if he/she is not married.
see if you can get more information from the NOLO site
2006-10-26 07:51:41 · answer #9 · answered by bathams 3 · 0⤊ 0⤋
You would only need a divorce to protect the equal division of property that one person or the other considered to be common assets.
2006-10-26 07:49:48 · answer #10 · answered by Buffy Summers 6 · 0⤊ 1⤋