Common Law Marriage

[missboss1014]

My s/o and I have been together since 2014 in MT and have 3 kids. Can we file as common law? 

[tagteam · Accepted solution]

Yes, you could file as "married filing jointly" or "married filing separately" per Treas. Reg. §301.7701-18.

[xmasbaby0]

STATES THAT RECOGNIZE COMMON LAW MARRIAGE

CO, DC, CO, IA, KS, MT, OK, RI, SC,TX, UT

[Critter-3]

Be aware that if you start filing a joint return and hold yourself out to be married then if you ever split up you will need to file for divorce.  So think on this hard before doing it. 

[tagteam · Accepted solution]

That is correct, except even if you do not file a joint return but hold yourself out to be married, you still need to go through divorce proceedings should you ever want to dissolve the marriage.