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

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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 7 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.


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