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4 Bumps

How can I get out of a Common-law marriage without getting a divorce?

I recently found out I am currently in a common-law marriage, and we didn' know we needed a divorce before we could marry other people. I would like to get remarried but my ex wont give me a divorce. He wants to stay married to me and keep on living with his new girlfriend, because he can't afford a divorce. Meanwhile, I have to put my life on hold.

Answer Question

Asked by wifeyperez at 9:28 PM on Sep. 23, 2010 in Relationships

Level 3 (27 Credits)
Answers (18)
  • I thought common law marriage didn't matter unless it was on paper.

    Answer by Claudiomom at 9:30 PM on Sep. 23, 2010

  • How did you find out you were in a common law marriage? Most states no longer have them on the books or at least no longer recognize them. I would say consult an attorney and see what they have to say.

    Answer by SabrinaMBowen at 9:30 PM on Sep. 23, 2010

  • if he wants to do that.. all you have to do is go file for divorce..and whether he answers or not.. when you and him have the court date and he doesn't show up they'll hold him in contempt and the judge will sign off and say you're divorced... good luck..

    Answer by proudmommy690 at 9:31 PM on Sep. 23, 2010

  • no u dont have to stay married if u dont want to. if u start it-he can be made to goto court wether he wants to or not. im sort of in the same situatuion,. cept-i have the bf and i want the divorce, and my husband wont give it to me. i wish u all the luck. talk to a lawyer!

    Answer by JaydnsMom22 at 9:31 PM on Sep. 23, 2010

  • I would say it depends on the state that you live in and how long you've been together. I could help you research online, just post what city/state you live in and how long you've been living with the man you are talking about.

    Answer by babygoose78 at 9:31 PM on Sep. 23, 2010

  • pretty sure those aren't legal any more.

    Answer by lovinangels at 9:35 PM on Sep. 23, 2010

  • i found out by talking to my attorney. I was suppose to get married in 2weeks but my lawyer said my common-law marriage is still legal. If i try to get married that it will be rendered invalid. We were together for 3yrs. and have a daughter together. I live in the state of TX.

    Comment by wifeyperez (original poster) at 9:37 PM on Sep. 23, 2010

  • Alabama, colorado, kansas, rodeisland, sc, iowa, montana, ok, tx<--common law marriage states

    Answer by JaydnsMom22 at 9:37 PM on Sep. 23, 2010

  • I was under the impression that common-law marriage doesn't actually mean you're married, but only gives you the basic rights as if you were. I don't think you have to get a divorce. Maybe I'm wrong, but that's the way I understood it..

    Let's say for the sake of argument though that you did have to get a divorce. You can file with the state that he doesn't want it and you do. There are rules to follow, but basically you can get out of a divorce even if the other person doesn't want it. Talk with a lawyer and know your rights.

    Answer by JazzlikeMraz at 9:49 PM on Sep. 23, 2010

  • Yes common-law marriages are legal, and my attorney says i need a divorce. im hoping for a loop hole somewhere.

    Comment by wifeyperez (original poster) at 9:52 PM on Sep. 23, 2010

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