Common law marriage requires divorce?

[boosbear 37]

Hi everyone! Brand new here & still navigating. My question is in Rhode Island you can live with someone 6 months & be common law married. I filed taxes as married with my ex & was on his health insurance, but we were never married legally or did I change my name. Will I be required to show a divorcee decree or do I need to count this as a marriage on my K1 application? Any advice is so appreciated.

[Hypnos 6,576]

If you were married, be it through a legal ceremony or a common-law marriage (as you say, common-law marriage is legal in several states, including Rhode Island) then you would need to get divorced before you could remarry.

[boosbear 37]

I was afraid of that. ? Thank you.

[NikLR 13,227]

http://www.ncsl.org/issues-research/human-services/common-law-marriage.aspx

There is no such thing as common-law divorce. Once parties are married, regardless of the manner in which their marriage is contracted, they can only be divorced by appropriate means in the place where they ask for the divorce. That means, in all 50 states, only by a court order.

For more information regarding marriage and/or divorce, call NCSL at 303-364-7700 or cyf-info@ncsl.org.

[boosbear 37]

Thank you Niki!! Some states say you need to live together 7 years etc so I just want to make sure nothing holds back this process.

[batallion9 50]

Best advice is to see lawer to make sure. 1st visit is usually free.

[NigeriaorBust 4,087]

Especially because you claimed the status of married and used it on federal forms like taxes you will need a divorce. Had you never claimed to be married then you would have been roommates. Common law marriage requires that you state that you are married, otherwise a lot of college roomates would be bigamists.

[boosbear 37]

Haha yes that's true. Thank you all for your input.

[NikLR 13,227]

I'm sure you guys can get a fairly quick and painless divorce. See if there some do it yourself kits available and save some lawyer fees except for when it's necessary.

[bigdog 376]

You can check with the court for a simple divorce, don't know if it is available in your area?

[Justud 42]

There is no such thing as common law divorce. Common law marriage isn't something to enter lightly. If you are married by common law and then decide to end the relationship, you will still require a legal divorce. In this way, common law marriages are similar to regular marriages: they are usually easier to get into than to get out of.

Edited June 17, 2013 by Justud

[NikLR 13,227]

There is no such thing as common law divorce. Common law marriage isn't something to enter lightly. If you are married by common law and then decide to end the relationship, you will still require a legal divorce. In this way, common law marriages are similar to regular marriages: they are usually easier to get into than to get out of.

I do believe I quoted something quite similar earlier on in the thread.

[Shiobhan 235]

Check with your local court...common law marriages in Texas is filed (not just say so)

however if both had shared a home over 6 mths, mails came to her using the mans last name

co-mingled finances, and both referred to each other as wife & husband I do know if one dies

the other have some entitlement of property , gourt or not. Only if U registered as a couple

at the court would U go back and un-do,I don't know if it's like regular divorce) As to the immigration

handle on this I don't know, you should check with the court that's over the jurisdiction U

lived in then.

[Hypnos 6,576]

In Texas you can have a common-law marriage by signing a document to that effect in front of the country clerk, but it is not a requirement to do so. You are also considered married if you (i) agree with each other that you are married, (ii) represent to others that you are married, and (iii) cohabit together within Texas.

My wife and I considered ourselves married under the auspices of this procedure, although we later obtained a marriage license and did it that way, too.

Edited June 18, 2013 by Hypnos

[boosbear 37]

Thank you all!! I checked with my court clerk for the paperwork & she wasn't sure it was necessary. My family lawyer told me a divorce wasn't needed, but other family lawyers have said yes I do need an official divorce decree to be safe. I found a local immigration lawyer tho thru the bar association & he is checking for sure for free for me. He was the most helpful of all & probably the best resource. It's a grey area in RI unlike Texas which the specifics you stated aren't the same here. I never had his last name, no property, no children, no joint accounts, but did file taxes & had his health insurance. The cost just to file for divorce is $165 & I believe it takes 90 days? So if I can prevent that I'd love to. However, with our luck (my fiancé & I) it will probably affect our K1 status so we shouldn't leave any skeletons in the closet so to speak. I'll post tomorrow after the immigration attorney calls me back. Thanks again!!