QUESTION

Are you considered common law if you file taxes together and if so, do you have to get a divorce?

Asked on Mar 07th, 2013 on Divorce - Delaware
More details to this question:
My problem is I am now legally married to someone else but never got a divorce from the "common law marriage".
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5 ANSWERS

John Arthur Smitten
There is no common law marriage in FL.
Answered on Mar 11th, 2013 at 8:37 PM

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Family Law Attorney serving Santa Ana, CA at Law Office of Rhonda Ellifritz
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California does not recognize common law marriages.
Answered on Mar 08th, 2013 at 11:06 PM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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Note necessarily. The existence of a common law marriage depends on a conclusion drawn from examining all of the relevant facts to determine what both parties intended in their relationship. There are no single rules and a definite answer to whether or not there is a common law marriage can only be provided by a judge in a court case where the issue is in dispute.
Answered on Mar 08th, 2013 at 12:23 PM

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If you are in California there was never a common law marriage so you have nothing to worry about.
Answered on Mar 08th, 2013 at 12:20 PM

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Estate Planning Attorney serving Wilmington, DE at Reger Rizzo & Darnall, LLP
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Delaware does not have common law marriage
Answered on Mar 08th, 2013 at 12:19 PM

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