QUESTION
Do we have to get a legal divorce if we are common law partners and is now filing for bankruptcy?
Asked on Oct 13th, 2016 on Bankruptcy - Oregon
More details to this question:
My girlfriend and I filed for bankruptcy. They asked if we considered our self-common in law. We said yes but we are now going out separate ways.
7 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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A common law marriage must be terminated by a divorce or dissolution just like any other marriage.
Answered on Nov 04th, 2016 at 6:14 PM
Nevada does not recognize common law marriages. If you entered into the common law relationship outside of Nevada in a state which does recognize common law marriages, then you are married and may file bankruptcy together. To dissolve this legal marriage would require a decree of divorce from a court.
Answered on Nov 02nd, 2016 at 5:25 PM
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Nevada does not have common law marriages. So if you are filing bankruptcy and Nevada there is no need to get a divorce. When would not be granted to you as you are not married.
Answered on Nov 02nd, 2016 at 5:24 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The answer depends on whether the state in which you live recognizes common-law marriages. Wisconsin, for example, has a law which says it does not recognize them. (There are some practical exceptions however.) So if you live in Wisconsin, it's unlikely that you'd need to go to Court to do a divorce. (If you want to be 100% scrupulous, you could file an action 'to affirm marriage,' in which you state that you want the Court to determine that you are not married. If you said at your meeting of creditors that you two were married 'common law,' and that is no longer the case, the You-or, better, your lawyer-should notify the Court of the change in status. It could make some difference in, for example, a Chapter 13 case, and sometimes also in a Chapter 7. But the main thing is to be truthful, and that means correcting mistakes, or notifying the court of significant changes. Find a skilled bankruptcy lawyer: it's almost always worth the investment.
Answered on Nov 02nd, 2016 at 5:24 PM
There is no common law marriage in California. You should have filed separately.
Answered on Nov 02nd, 2016 at 5:24 PM
1 Award
The court should have required you to file 2 separate bankruptcies. Maybe the trustee decided it was a meaningless requirement so they let the bankruptcy go through as a joint case. In any event, the answer is NO. You do not need to go through the divorce process.
Answered on Nov 02nd, 2016 at 5:23 PM