QUESTION
Do I have to get a divorce from a common law marriage?
Asked on Jun 16th, 2015 on Divorce - Ohio
More details to this question:
I lived with a man for 2 years. I put his son on my dental plan at my job and he had to sign a paper stating we were common law married. We separated on 2011 and the enrollment period was in 2014. I took his son off at that time (he did not use the insurance when we split). My question is do I have to get a divorce?
8 ANSWERS
Unless the common law marriage starred in Texas you have never been legally married in California. Hence, no divorce is needed. I suggest you have a one time consultation with a family law attorney and show him/her the insurance paper you are talking about.
Answered on Jul 28th, 2015 at 1:05 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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No, legally, there is no marriage by common law methods any longer.
Answered on Jul 28th, 2015 at 1:05 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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A common law marriage is terminated only by death, annulment, or divorce. But, you cannot create a common law marriage in California; it must be created in a State or Country which allows creation of common law marriages.
Answered on Jul 28th, 2015 at 1:05 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If you were in WA, there is no common law marriage.
Answered on Jul 28th, 2015 at 1:05 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Florida has not recognized Common Law marriage since the late 1970's.
Answered on Jul 28th, 2015 at 1:05 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I assume you are not asking about the laws of Wisconsinbut you have reached the Wisconsin corner of this site, so you may want to re-post your question elsewhere. Wisconsin does not recognise common-law marriage, so no divorce is needed. A trip to court might be warranted if you have unusual difficulty splitting up your debts and assets.
Answered on Jul 28th, 2015 at 1:04 PM
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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In Ohio, common law divorce has not been recognized since 1989; I'm not sure whether you are in Ohio or not; It makes a difference from state to state;
Answered on Jul 28th, 2015 at 1:04 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 common law marriages so in Michigan you do not have to file for a divorce.
Answered on Jul 28th, 2015 at 1:04 PM