Am I recognized as being married due to common law?

UPDATED: Oct 1, 2022

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Am I recognized as being married due to common law?

No legal marriage has been done, therefore no marriage license? My children’s father and I have lived together off and on from 2002 until 2013, we have 3 children and have filed jointly as married on our taxes from 2002-2019. We have been seperated for 6ish years and 4.5 years of those years I have lived in another state. I would like to know if in fact I am married and need a divorce?

Asked on May 13, 2019 under Family Law, New Hampshire


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The state you indicate is NH. NH does not have common law marriage. So if you and your significant other lived together in NH, you are not and cannot be common law married, since that state does not have common law marriage.

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 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.

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