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do you get a divorce if you're common law

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cheeks

Junior Member
What is the name of your state (only U.S. law)? Tx. I have lived with my boyfriend for 5 years. I believe it's considered common law marriage. Do I have to get a divorce?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Tx. I have lived with my boyfriend for 5 years. I believe it's considered common law marriage. Do I have to get a divorce?
Really? Why do you believe that? Did you file taxes together as married? You don't hold yourself out as being married here. Because it would be YOUR HUSBAND instead of your boyfriend. Were you covered on each other's health insurance as spouses? Did you tell the world you were married?

My guess is no. hence you were not common law married and hence you do not need a divorce. But answer my questions.
 

cheeks

Junior Member
Yes we filed taxes as married and I had him on my insurance. I would say he was my partner or that we lived together.
 

mistoffolees

Senior Member
Yes we filed taxes as married and I had him on my insurance. I would say he was my partner or that we lived together.
If you filed taxes as married and had him on your insurance, there's enough to suggest that common law might apply (no certainty though). You should probably play it safe and go for the divorce, particularly if there are no complicated issues in the settlement.
 

Ohiogal

Queen Bee
Yes we filed taxes as married and I had him on my insurance. I would say he was my partner or that we lived together.
Well then you either committed tax fraud OR you are in denial. i think you are in denial becuase quite frankly you referred to him as your boyfriend. He isn't. He is your husband.
 

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