How can i terminate a common law marriage?

Question

i had been together with my ex for 15 yrs and we were common law marriage.

my ex keeps saying that my marriage for a year and a half with my spouse is not legal due to the common law marriage...what can i do to end this with my ex?

Answer 1

You have to do nothing....terms are non-marital relationships or domestic partnership i.e. shacking up. Think of it as most states do a g*y marriage. There is nothing truly legal about it.  

Answer 2

Since most states do not recognize common law marriages, I doubt you need to do anything. But, just to be on the safe side, contact a lawyer. Lawyers do offer a free consultation.

Answer 3

Common Law Marriage (CLM) is only legal in a few states. First find out if the state you where in had CLM. Second if there is CLM you sometimes have to do other legal steps such as register the marriage with the state for it to be a legal CLM. While states differ on the added steps if you had done them you have to go through a divorce proceeding in court to dissolve the marriage. Consult  a attorney or a Legal Document Preparer in your state who can help you secure a divorce.

Answer 4

Not many states recognize common law marriage, but if you live in a state that does, you need to get a divorce before you can marry.  Check with a lawyer to see what the laws in your state say.  There's more to it than just giving somebody the title of 'husband' or 'wife.'

Answer 5

There are very specific things required in different state before a living together becomes a "common law marriage." And it may or may not prohibit a legal marriage without being formally ended. Mostly, common law marriage provides a status within the law for dealing with handling property and child custody in a way similar to divorce but may not count as a "marriage" for anything else.  

Answer 6

lol, well if you actually were in a state that recognizes common law marriages.  And you had fullfilled the requirements for a common law marriage then he is quite correct.  Your marriage to your new husband would be illegal, in fact you could face legal ramifications as you are now in a polygamist relationship.

Read the link below to see if the state you lived in at the times you were living with your ex recognizes common law marriages and determine if you met the requirements for a common law marriage.  If you did in fact exist in a common law marriage, then you are going to have to legally divorce your ex and re-marry your new husband.

Answer 7

How about stop talking to the X

Answer 8

Common-law marriage has to be terminated just like regular marriage - through divorce. (Assuming you were indeed in a legally recognized common-law marriage. Only 13 states even recognize CLM.)

Answer 9

If your state recognizes common law marriages and yours meets all of the criteria, then the only way you can terminate it is the same way people who have conventional marriages do....thru divorce granted by the family court system....in this case I would sit down with a lawyer to see just where you stand legally...good luck.

Common Law MarriageDocument Actions    By DivorceNet Staff

Published:  July 17, 2004  

What is a common law marriage?

A Common Law Marriage simply means that the marriage was established without benefit of a license and ceremony.

How are common law marriages established?

Although the definition may vary from state to state, the common features of a common law marriage are:

Cohabitation--the parties lived together.

Consent--the parties intended to hold themselves out as husband and wife.

Holding out--the parties "held themselves out" to the world as husband and wife (i.e. The parties spoke of each other as "my husband" or "my wife").

Neither party was married to someone else.

Do we have to live together for a certain period of time ot be "common law married"?

In most states that recognize common law marriages, there are no time requirements for living together. The controlling issue is not time together, but the intentions of the parties.

Are common law marriages legal in Georgia?

If the common law marriage was established in Georgia before January 1, 1997 or was legally established in a state that still recognizes common law marriages then it is a legal marriage. (O.C.G.A. §19-3-1.1)

Do other states recognize common law marriages

Yes, there are a few states that still recognize common law marriages. As of January 1, 2000, those states are: Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, Utah, District of Columbia and New Hampshire (for inheritance purposes only).

Each state has varied requirements for proving the establishment of a common law marriage. You must consult with an attorney licensed to practice law in a particular state if you feel that you have established a common law marriage in one of the above listed states.

If I am "common law married," must I obtain a divorce?

Yes, once a valid common law marriage is established, it may only be ended by decree of court.

If your marriage did not occur in the above states, then there is no common law marriage and you are free to live with whoever you choose.....but there is no marriage no matter how long you live together. If the mariage ocured in any of the above mentioned states see if your situation meets the criteria and get yourself a lawyer. good luck.

Answer 10

if your common law arrangement was in a state that recognizes common law marriage then you are legally married according to that state and will have to divorce your ex and then remarry your husband.

google "common law marriage <your state>" to see if that state recognized common law marriage and to see if your relationship met the qualifications of common law marriage.  you may have to have a lawyer help you out with this.  But first find out if your state even allowed common law marriages.

If your state did not recognize common law marriage then you don't have to do anything and your current marriage is legal.

Answer 11

stop the relationship by not giving him anymore of your time or attention

Answer 12

More than likely what you have to do is for both of you to go separate ways. I think that all it takes also stop talking to each other.