Am I considered married?

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Am I considered married?

My children’s father and I have filed joint tax returns for the past 16 years. We have never been

traditionally married, therefore we have no marriage license. With this instance are we considered

married and is a divorce necessary?

Asked on May 7, 2019 under Family Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your state (NH) does not have what is commonly known as "common law" marriage (marriage formed by acting as if your are married, without a marriage license or being formally married). Therefore, you are not married and do not need to be divorced. 
Of course, if you filed joint tax returns while not married, it's possible that you commited tax fraud, but that is a different issue.


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