If two people were common law married back in 1990 then 2 years later went thier seperate ways?

Question

But niether ever filed for divorce or remarried - do they still have to get a divorce as a formality?

Answer 1

Depends, but probably.

First, are you sure they were common law married? If they're in the US, only about 15 states even recognize common law marriage, and even those have a multi-pronged test that goes beyond "living together for X number of years".

Mudmommy - no, that's not how common law marriage works.

Answer 2

It does depend on the state you live in, but if the female used the guys last name and bills were owed or any kind of property involved then a divorce would be a legal course. But not as a rule, it would be a legit choice if you wanted to pursue it.. If there is nothing your after then its not necessary to file for divorce because there is no actual decree of marriage. It sounds kind of confusing I know, But where I live you can do it if you feel the other party you lived with owes you something. Texas recognizes common law. but doesnt require a divorce unless there is some kind of dispute over property or bills. If children are involved you just sue for child support. A divorce isnt required.

Answer 3

Ask a lawyer to give you a definitive answer on whether you are considered married in the eyes of the law.
If you are, then you need a divorce. Pure and simple.
If you're not, then this is something you don't need to think about.
But the question you're really asking is: is there a 'common law divorce'? No, there isn't...

Answer 4

By convention, a live-in relationship is regarded as common law after 8 years in most states. This is for the purpose of division of property in case of the death of a spouse, or in case of assigned financial responsibility in the case of children born in this relationship, and one or the other partner leaves. If there is no death, and are no children, then it is up to the partners to divide their estate themselves. You did not say how long they were together, nor whether or not they amassed an estate. It gets rather sticky when the couple has been together, say 17 years, then one partner just takes it all. This would then involve an attorney on the part of the partner left with nothing, to sue the other partner who took the estate. No, they do not have to get a divorce, since there was no marriage, so there needs to be nothing called a "dissolution". However real assets are still part of that union and need to be divided fairly.

Answer 5

Yes.

"There is no such thing as common-law divorce. Once parties are married, regardless of the manner in which their marriage is contracted, they are married and can only be divorced by appropriate means in the place where the divorce is granted. That means, in all 50 states, only by a court order. "

Most people don't know what CLM really means or how it can be established. Follow the links...educate yourself.

Answer 6

If you were legally common-law married, you have to get a divorce. Legally, common-law marriage is the same as regular marriage. If you guys had gone through the process to get your marriage recognized as common-law by the state you're in, then you are legally married.

Answer 7

Why get divorced if they were never married. I thought common law meant living together but not married, after a few years it becomes common law.

Answer 8

No. Common Law marriage is only offered in a few States and is primarily used for separation of property or if children are involved. In that case look up palimony and child support.

Answer 9

if they were married, they have to get a divorce

Answer 10

Not in Australia. However, there may still be property/custody issues.