Do I have to get a divorce from a common law marriage? 13 Answers as of July 28, 2015

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?

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James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Michigan does not recognize common law marriages so in Michigan you do not have to file for a divorce.
Answer Applies to: Michigan
Replied: 7/28/2015
Law Office of Martin A. Kahan | Martin A. Kahan
If you were just "living together," you do not get divorced.
Answer Applies to: California
Replied: 7/28/2015
Law Office of John G. Galasso | John George Galasso
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;
Answer Applies to: Ohio
Replied: 7/28/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
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.
Answer Applies to: Wisconsin
Replied: 7/28/2015
Reza Athari & Associates, PLLC | Seth L. Reszko
I don't believe that Nevada will consider you legally married, so you won't need a divorce. If there are children, the Nevada courts will determine child custody/support and visitation.
Answer Applies to: Nevada
Replied: 7/28/2015
    Peyton and Associates | Barbara Peyton
    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.
    Answer Applies to: California
    Replied: 7/28/2015
    Law Office of Robert E McCall | Robert McCall
    Florida has not recognized Common Law marriage since the late 1970's.
    Answer Applies to: Florida
    Replied: 7/28/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    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.
    Answer Applies to: California
    Replied: 7/28/2015
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    The same way as a divorce from any marriage - but if you think you entered into a common law marriage in New York you are incorrect - New York does not recognize common law marriage.
    Answer Applies to: New York
    Replied: 7/28/2015
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    If you were in WA, there is no common law marriage.
    Answer Applies to: Washington
    Replied: 7/28/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Unless you legally formulate a domestic partnership or alternatively marry, there is no other kind of relationship that would require a divorce in California.
    Answer Applies to: California
    Replied: 7/28/2015
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    No, legally, there is no marriage by common law methods any longer.
    Answer Applies to: California
    Replied: 7/28/2015
    Peggy M. Raddatz
    Peggy M. Raddatz | Peggy M. Raddatz
    Common law marriage is not recognized in Illinois. If you lived in another state check with a lawyer there. Even if recognized in another state it was always longer than two years but to be sure check with a lawyer.
    Answer Applies to: Illinois
    Replied: 7/28/2015
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