Can You Get a Divorce in a Common Law Marriage?
Only a few states recognize common-law marriage, which extends many of the same benefits as marriage without the traditional license and ceremony requirements.
It’s possible to enter a common-law marriage in Utah, Texas, South Carolina, New Hampshire, Montana, Kansas, Iowa, and Colorado. Other states recognize common-law marriages established before a specific date.
All common-law marriages are treated legally the same way as formally married couples. When it comes to divorces, in states where common-law marriages are recognized and you meet that state’s requirements, the property is divided the same way as for those who were formally married.
In other words, there is no such thing as a “common-law divorce.” As long as you have proof for a common-law marriage, the entire divorce is processed the same as it would be for a married couple looking to get divorced.
The bottom line is that if you got married in a state that recognizes common-law marriage, you can divorce just like people who were formally married. You can also divide property with your former partner if you both can come to a compromise and not involve the court. However, if that’s not an option, the state’s system of property ownership will determine how assets and debts are divided.
If you need help understanding the intricacies of common law marriage, it is best to consult an attorney. Legal Chiefs’ network of lawyers is here to assist you!