We have lived together for three years, but have not held ourselves out as married. If I leave him, do we have to get a divorce?
2006-12-19 10:26:21 · 6 answers · asked by kmoc123 5 in Family & Relationships ➔ Marriage & Divorce
STATES THAT RECOGNIZE COMMON LAW MARRIAGE:
Only a few states recognize common law marriages:
Alabama
Colorado
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma (possibly only if created before 11/1/98. Oklahoma's laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)
Pennsylvania (if created before 1/1/05)
Rhode Island
South Carolina
Texas
Utah
Washington, D.C.
IF YOU LIVE IN A STATE THAT DOES RECOGNIZE COMMON LAW MARRIAGE: If you live in one of the above states and you "hold yourself out to be married" (by telling the community you are married, calling each other husband and wife, using the same last name, filing joint income tax returns, etc.), you can have a common law marriage (for more information on the specific requirements of each state, see next page). Common law marriage makes you a legally married couple in every way, even though you never obtained a marriage license. If you choose to end your relationship, you must get a divorce, even though you never had a wedding. Legally, common law married couples must play by all the same rules as "regular" married couples. If you live in one of the common law states and don't want your relationship to become a common law marriage, you must be clear that it is your intention not to marry. The attorneys who wrote Living Together (additional information below) recommend an agreement in writing that both partners sign and date: "Jane Smith and John Doe agree as follows: That they've been and plan to continue living together as two free, independent beings and that neither has ever intended to enter into any form of marriage, common law or otherwise."
2006-12-19 10:32:30 · answer #1 · answered by camys_daddy 5 · 0⤊ 0⤋
No, I believe with common law marriage you have to be together for 7 or more years, but it does vary from state to state. I would check into it.
2016-05-22 22:10:07 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It does actually, but one of the requirements is you have to represent yourselves as a couple. So you're safe.
2006-12-19 10:32:09 · answer #3 · answered by Jim C 4 · 0⤊ 0⤋
It doesn't really exist legally anywhere. I believe it ended in 1956. So, no if you leave you just leave.
2006-12-19 10:29:30 · answer #4 · answered by kitcat 6 · 0⤊ 2⤋
supposably it does but you dont need divorce.
2006-12-19 10:32:35 · answer #5 · answered by Starr 2 · 0⤊ 0⤋