Am I considered married?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

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 3 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.


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 lock Secured with SHA-256 Encryption