QUESTION
Can I get a divorce if I am common law married since 1980?
Asked on Jun 17th, 2013 on Divorce - Oklahoma
More details to this question:
Common law married. We did have blood tests and got the license but never went through the actual ceremony, in 1980. He has not left and I feel that we should just call it quits at this time. What should I do to proceed with this?
12 ANSWERS
Common law marriages are not recognized in California. Certain non marital agreements have been upheld by the courts, but you should consult a family law attorney to review the facts and advise you.
Answered on Jun 19th, 2013 at 5:15 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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Not every state acknowledges common law marriage, for example, in Arizona you cannot enter into a common law marriage. If your common law marriage was entered into in a state that does recognize common law marriage, then Arizona would recognize that marriage. So, if your marriage is a common law marriage from a state that recognizes them, and you are now in Arizona, you would follow the normal process in Arizona of filing a petition for dissolution. I suggest that at the very least you consult with an experienced family law attorney to review your rights and potential obligations.
Answered on Jun 18th, 2013 at 8:40 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Michigan does not recognize any common law marriages. Contact an attorney for property split to protect your rights.
Answered on Jun 17th, 2013 at 10:08 PM
Landlord & Tenant Attorney serving Boise, ID
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Shultz Law PLLC
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If you lived together and held yourself out has husband and wife for five consecutive years, anytime between 1980 (the date you gave) and January 1, 1996 (when common law marriage in Idaho was repealed), then you are legally married under Idaho Law and you will need to seek a legal dissolution/divorce in the state court in the county where you reside.
Answered on Jun 17th, 2013 at 10:08 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you are in Michigan you are not married. This in a 33 year relationship is going to cause some major issues on the property distribution, you should seek counsel immediately.
Answered on Jun 17th, 2013 at 10:07 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Most states, including California, do NOT recognize common law marriage. California stopped allowing common law marriage back in the 1800's. If you are in one of the few states that recognize it, you will have to make sure that you meet their requirements for claiming a common law marriage (some of them require you to have a good faith belief that you were married, which he may not have since he backed out of making it official after getting blood tests). Check the laws in your state to see if there is even a marriage created, if there was, then you will have to go through a regular divorce, just as if you were formally married.
Answered on Jun 17th, 2013 at 10:56 AM
Where do you reside b/c we do not have common law marriages in Illinois and if you have resided in Illinois this entire time, you are not married in any sense of the word, common law or otherwise, and you can just walk away.
Answered on Jun 17th, 2013 at 10:55 AM
There is no such thing in California as "common law" marriage. You are not married but you do have some rights. You need to meet with a good family law attorney in your community to protect those rights.
Answered on Jun 17th, 2013 at 10:55 AM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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Please note that Michigan is NOT a common law marriage State. Therefore, you will likely have to proceed in Civil Court, as opposed to the Family Court Division of the Circuit Court, if you need to litigate property/asset/debt division issues with your soon-to-be ex.
Answered on Jun 17th, 2013 at 10:54 AM
Dennis P. Mikko
Common law marriage is not recognized in Michigan. Therefore, if there was no ceremony and the license was not completed and filed, you are not legally married. You could not get divorced. If there is property to be divided, you could not use the normal divorce process to do so.
Answered on Jun 17th, 2013 at 10:54 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Wisconsin doesn't have common law marriage.
Answered on Jun 17th, 2013 at 10:54 AM
If you have a common law marriage, you go through the same divorce process as any other marriage. There is not a separate common law divorce process for you to utilize.
Answered on Jun 17th, 2013 at 10:53 AM