Do I have to file for a divorce if we are common law married we have been together for 6 years called each other husband and wife filed taxes together and had two kids together during that tim e

Get Legal Help Today

 Secured with SHA-256 Encryption

Do I have to file for a divorce if we are common law married we have been together for 6 years called each other husband and wife filed taxes together and had two kids together during that tim e

WILL I NEED TO GET A Divorce if we are
common law married we have been
together for 6 years called each other
husband and wife filed taxes together
and had two kids together during that
time

Asked on October 22, 2016 under Family Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you’ll have to follow the procedures for divorcing in your state. This is true whether you had a formal marriage ceremony or were common law married. The process for divorce will be the same in all circumstances. That having been said, if you move to a state that doesn't recognize common law marriages, your marriage may not be legally recognized in the first place, so there will be no need to go through the divorce process. At this point, you should consult directly with a local divorce attorney.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption