Some states permit a couple to enter into what is known as a common law marriage. A common law marriage comes into existence without the benefit of a formal wedding ceremony. The requirements for a common law marriage vary from state to state. The American Bar Association and your state legislature provide up-to-date information about common law marriage law in your state. If you are a party to a common law marriage, you may desire to legally terminate that relationship.
Step 1
Obtain a petition for divorce from the clerk of the court in the county where either you or your common law spouse reside. The typical court clerk maintains basic forms for use by people seeking to terminate marriages without the assistance of attorneys.
Step 2
Complete the petition for divorce. The form requires basic information including the current residence or residences of you and your spouse as well as the names, dates of birth and location of any child born during the marriage.
Step 3
Include specific information in the petition that you and your spouse entered into a common law marriage. Insert the approximate date you believe the common law marriage commenced.
Step 4
Sign the petition and file the document with the clerk of the court.
Step 5
Attempt to settle outstanding issues with your spouse. Reaching a settlement, schedule a final hearing with the court to approve the settlement and obtain a divorce decree. Failing to reach a settlement, schedule the case for a trial. Scheduling of these matters is done through either the clerk of the court or the administrative assistant to the judge assigned your case.
Step 6
Present specific evidence supporting the existence of the common law marriage at the settlement hearing or trial. Most common law divorce statutes require you to demonstrate that you and your spouse lived together, that you publicly presented yourselves as husband and wife and that you commingled your assets and debts.
Tips and Warnings
- Ending a common law marriage requires an understanding of divorce laws and procedures. Retaining the services of an experienced lawyer likely is the best way to protect your rights and interests. The American Bar Association provides resources to assist you in retaining a lawyer.
Things You'll Need
- Petition for divorce
References
- American Bar Association: Section of Family Law
- FindLaw: Family Law Center
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
