More details to this question:
We were living together for pretty much 10 years. We have two children together. We have never been married officially, never signed anything at the courthouse or anything. The only thing we have done is filed taxes for the past 4 years as married. It isn't working out anymore and he moved out. Do we have to get a divorce?
3 ANSWERS
Wills and Estate Planning Attorney serving Sugar Land, TX
at
Law Offices of Kimberly D. Moss, PLLC
Update Your Profile
Yes, based on what you describe, you need a divorce. Holding yourself out as married to the federal government by filing taxes as married would likely place you into the category of someone who is common law married. Also, because you have children with this man, a divorce would give you the opportunity to make sure you receive a proper amount of child support for your children as well as your fair share of any community property you may have accumulated. I recommend a consultation with a local divorce attorney to talk about your specific circumstances.
Answered on Aug 28th, 2015 at 5:03 PM
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
If you live on a state that recognizes common law marriage yes.
Answered on Aug 28th, 2015 at 2:16 AM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
Only if your state recognizes common law marriage. But a court action could be helpful, for example. -in allocating responsibility for debt between the two of you. And allocating property. Consult an experienced family law attorney in your locality.
Answered on Aug 24th, 2015 at 9:33 PM