If they meet the requirements for common law then they would have to go through a divorce. If they did not present themselves to the public as husband and wife, filed joint income taxes, she used his last name ect ect ect, then they just simply would split up.
Under Pennsylvania law, a marriage may be established either (1) by formal religious or civil ceremony pursuant to a duly issued license, or (2) by common-law marriage, which may be established (a) if a man and a woman employ words (either written or oral) in the present tense contracting such a relationship, or (b) by cohabitation and reputation of marriage from which arises a presumption of marriage, in the absence of contrary evidence. In re Vojatovich Estate, 51 D.&.C. 10 (1945).
Common-law marriage in Pennsylvania requires that the parties agree to be married. See, Africa v. Vaughan, 998 F.Supp. 552 (E.D.Pa.: 1998). There must be an exchange of words in the present tense by which the couple intends to create the status of marriage. See, Staudenmayer v. Staudenmayer, 552 Pa. 253, 714 A.2d 1016 (1998). However, the form of the words used does not matter; the intention of the parties cannot be disregarded. Fiedler v. National Tube Co., 161 Pa. Superior Ct. 155, 53 A.2d 821 (1947).]
