I am no longer with my ex of 9 years but we have 4 kids together and were on a rental contract as husband and wife even though we were never actually married we just said we were. Do I have to go to court and get a divorce or can i just move on with my life.
2007-01-08 07:37:11 · 5 answers · asked by lala 2 in Family & Relationships ➔ Marriage & Divorce
our state does recognize common law marriages and we have both agreed to go our seperate ways but if i ever got with someone else i didnt know if i would have to get a divorce
2007-01-08 08:00:28 · update #1
Depends on state. Texas is a common law state and if you were on the rental contract as married you must get a formal divorce like all married couples.
Common Law marriages can be established in these states:
Alabama, Colorado, District of Columbia, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, Utah
"In states which recognize common law marriage, once the requirements have been met the marriage is typically treated in exactly the same manner as any other marriage. By the same token, a valid common law marriage must typically be ended through a formal divorce process. "
Requirments to have a CL marriage recognized:
Requirement One: You must live together.
Requirement Two: You must present yourselves to others as a married couple.
Requirement Three: Although the time frame is not defined, you have to be together for a significant period of time.
Requirement Four: You must intend to be married. (see req. #2)
2007-01-08 07:41:41 · answer #1 · answered by Poppet 7 · 0⤊ 0⤋
I am in college now to be a paralegal and yes, if you are common law married you need to get a divorce legally. The state recognizes a common law marriage just like they do one that was done before a preacher. Go ahead and get the divorce and save yourself a lot of time and trouble down the road.
2007-01-08 09:20:06 · answer #2 · answered by breezymourn 3 · 0⤊ 0⤋
Just move on sweetie...some states do recognize common law marriage but it doesn't require a divorce to disolve the union. Child support will be a touchy situation though because it you go thru the state some will backdate the child support until the day the oldest child was born and increase it for each child, unless you provide proof that he was providing support for you the entire time you were together
2007-01-08 07:44:53 · answer #3 · answered by Anonymous · 0⤊ 2⤋
It depends if your state recognizes common law marriages. Call the county clerk's office. They should be able to steer you in the right direction. You will need to deal with the child support issue.
2007-01-08 07:45:30 · answer #4 · answered by CA DIVA 4 · 0⤊ 0⤋
You were NEVER MARRIED. You are not elligible for a DIVORCE.
You should go to court and get a custody and child support order established fo rthe children. You may not even live in a state where "common law marriages" are recognized or legal.
2007-01-08 07:41:17 · answer #5 · answered by Starla_C 7 · 0⤊ 1⤋