If I'm considered common law married can I file married oh my I099 form

STATES THAT RECOGNIZE COMMON LAW MARRIAGE

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

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Yes, but  just living together in a common law state is usually insufficient - you need to hold yourself out as married including owning property together, having joint bank accounts, etc. To find out your state’s rules see:

http://family.findlaw.com/marriage/common-law-marriage-states.html