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New Member
posted Jun 4, 2019 8:27:06 PM

I need to know if common law marriage counts me as being married or if I still need to put single

0 4 1523
4 Replies
Level 15
Jun 4, 2019 8:27:07 PM

Which state?

New Member
Jun 4, 2019 8:27:09 PM

New York

Level 15
Jun 4, 2019 8:27:10 PM

@mm7677 this is an old question, you may want to start a new question for your situation.

In general, if you have a common law marriage in a state that recognizes common law marriages, that marriage will be recognized if you move to another state.  That means you are married and can file as married. On the other hand, if you don't want to be married, you will need a full legal divorce.  Common law marriage is not something that can be switched on and off at your convenience like a light switch.

Level 15
Jun 4, 2019 8:27:11 PM

A common law marriage is a legal marriage for all purposes under the law.  If you meet the tests to be common law married in one state, then you are legally married forever, even if you later move to a state that does not have common law marriage (due to "reciprocity") and you can't split up without a real divorce with real lawyers, alimony, child support and a judge.

There's no asterisks, and no such thing as being common law married but also single.  You are one or the other, period. And if you are married, you are married for all purposes (medical proxy, children, taxes, welfare, mortgages, credit card debt, and everything else.)

If you are not sure if you have a common law marriage with your partner, check the laws of your state or consult a family law attorney in your state.  You may also need to determine the date the marriage is or was effective.  (For example, most states require a public declaration.  Even if you have been living together as spouses for many years, if you never publicly referred to yourselves as married in front of other people, then you might not be.  You could fix that with a Facebook post, but then the effective date of the marriage would be the date of the post, and you would be single before then, possibly including on taxes.  Again, check with an attorney if you are not sure.)