Dissolution of Common-Law Marriage

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blong4133
Posts: 219
Joined: Mon Sep 14, 2009 12:35 pm

Dissolution of Common-Law Marriage

Postby blong4133 » Wed Dec 05, 2012 5:04 pm

What is the appropriate way to do this? In my outline I have that there is no such thing as a "common law divorce" but do not have anything regarding the appropriate way to dissolve such marriages. Can't find anything in my casebook either (which is strange to me).

If entered into in a state where they are recognized, a common law marriage is recognized as valid. The best that I can come up with is to file the divorce papers just to be safe but I really have nothing in regards to this. I know that a common-law spouse cannot become a putative spouse, but outside of that I'm all screwed up.

With the proper way to dissolve such a marriage, is the same method used if a common law couple establishes a common law marriage in a state that recognizes them, then moves to a state which does not and tries to dissolve it?

Anyone who can clear this up for this guy's fried brain?

ryno8cubs5
Posts: 53
Joined: Wed Oct 27, 2010 1:24 am

Re: Dissolution of Common-Law Marriage

Postby ryno8cubs5 » Wed Dec 05, 2012 5:16 pm

My understanding is that if there is a common law marriage, then they are married. Thus a divorce is required. If there is no common law marriage that is recognized, then no need for dissolution under common law marriage. So, common law marriage = marriage = divorce. That is what I have gotten from Family Law, at least.

blong4133
Posts: 219
Joined: Mon Sep 14, 2009 12:35 pm

Re: Dissolution of Common-Law Marriage

Postby blong4133 » Wed Dec 05, 2012 5:20 pm

ryno8cubs5 wrote:My understanding is that if there is a common law marriage, then they are married. Thus a divorce is required. If there is no common law marriage that is recognized, then no need for dissolution under common law marriage. So, common law marriage = marriage = divorce. That is what I have gotten from Family Law, at least.

That what I was thinking as well. Thanks!




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