What state has jurisdiction regarding a common law divorce?

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What state has jurisdiction regarding a common law divorce?

I left my common law husband out of state. Can I still file for divorce in my former state of residence since he is still residing there? There are no no children and all assets have been split. I would like there because the state in which I now live doesn’t recognize common law marriage.

Asked on January 31, 2012 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can not fileinyour former state becuase you do notleglly reside ther. He can file though and you can consent to the matter via paperwork.  But you can file in your new state if you meet the residency requirements and it does not really matter if they recognize common law marriage or not. If you were considered legally married in the state that deos recognize common law marriage then your present state recognizes the marriage too. Check with a lawyer there. Good luck.


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