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Question..? If you are in a common law marriage is there a divorce proceeding? (Original Post) LakeArenal Mar 2023 OP
Depends on State..... walkingman Mar 2023 #1
It depends. James48 Mar 2023 #2
I can only speak to Colorado, but yes. hlthe2b Mar 2023 #3
Not sure about US but in Canada, no there is no divorce but assets are split as if it Bev54 Mar 2023 #4
First of all you need to check the laws of your state to find out if you really PoindexterOglethorpe Mar 2023 #5
Better seek out an actual lawyer for info about your own state. If nothing else the couple needs to Hekate Mar 2023 #6

walkingman

(7,608 posts)
1. Depends on State.....
Tue Mar 7, 2023, 09:15 PM
Mar 2023

Ending a common law marriage in Texas is similar to ending a formal marriage. If a common law couple decides to split up, they must file for divorce. More details at link...

https://familytexas.com/divorce-for-common-law-marriage/

James48

(4,435 posts)
2. It depends.
Tue Mar 7, 2023, 09:16 PM
Mar 2023

Different states have different common law marriage rules.

In many states there is no such thing as common law couples. You need to talk to a lawyer where you are.

The only US states that recognize common law marriage:,

Where is common-law marriage allowed? Here are the places that recognize common-law marriage: Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Texas, Utah and the District of Columbia.

hlthe2b

(102,236 posts)
3. I can only speak to Colorado, but yes.
Tue Mar 7, 2023, 09:16 PM
Mar 2023

In other words, in Colorado, a common law marriage is exactly the same as a ceremonial marriage and the only way to have it terminated is through a divorce.

Bev54

(10,051 posts)
4. Not sure about US but in Canada, no there is no divorce but assets are split as if it
Tue Mar 7, 2023, 09:16 PM
Mar 2023

was a marriage. Could be a trial if the persons cannot agree.

PoindexterOglethorpe

(25,853 posts)
5. First of all you need to check the laws of your state to find out if you really
Tue Mar 7, 2023, 09:30 PM
Mar 2023

are in a common-law marriage. Most states don't recognize them and haven't for decades now.

If you legally are in one and want to end it, consult an attorney, just as you would if you wanted a divorce from a regular marriage.

Hekate

(90,671 posts)
6. Better seek out an actual lawyer for info about your own state. If nothing else the couple needs to
Wed Mar 8, 2023, 12:24 AM
Mar 2023

… divide joint assets in a way that won’t come back to bite them in the ass-et.

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