If I am common law married, do I really have to get a divorce?
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If I am common law married, do I really have to get a divorce?
Married in a common law state and moved to a non-common law state.
Asked on June 7, 2011 under Family Law, Iowa
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The law regarding common law marriage can get very technical. However, assuming that a valid common law marriage has been formed in one of the few states that still recognizes them, then yes you would have to file for a diovrce to end the marriage. The generally accepted rule is that a marriage that is valid in the state where it occurred is valid in all other states. This holds as true for common law marriages as it dies for formal marriages.
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