Am I considered married?
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Am I considered married?
My children’s father and I have filed joint tax returns for the past 16 years. We have never been
traditionally married, therefore we have no marriage license. With this instance are we considered
married and is a divorce necessary?
Asked on May 7, 2019 under Family Law, New Hampshire
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Your state (NH) does not have what is commonly known as "common law" marriage (marriage formed by acting as if your are married, without a marriage license or being formally married). Therefore, you are not married and do not need to be divorced.
Of course, if you filed joint tax returns while not married, it's possible that you commited tax fraud, but that is a different issue.
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