How to Get a Divorce From a Common Law Spouse

Currently, 11 states recognize common-law marriages. Thus, couples can legally marry without a license or ceremony. The laws that govern common-law marriages vary from state to state. But in most cases, couples must dwell together for a specific number of years, and they must refer to each other as "husband" and "wife." Once a couple has a valid common-law marriage, divorce is the only way to dissolve the relationship.

Difficulty: Moderate

Instructions

1. Find a divorce attorney. Choose an attorney who's familiar with common-law marriages. Contact several law firms, or ask family and friends for recommendations. Speak with the firm and explain your situation. Request to work with an attorney who's handled common-law cases.

2. File divorce papers. If common-law marriages are recognized in your state, visit your local city hall and file divorce papers with the courts.

3. Determine child custody arrangements. If minor children are involved, you'll have to file papers with the local family court. You'll receive a court date, and based on the hearing, a judge will establish custody, visitation and child support payments.

4. Divide personal property. When divorcing a common-law spouse, the courts can decide how property will be divided, or couples can decide for themselves.

5. Refinance or sell the home. If you own a home with your common-law spouse, you can either sell the property and split the proceeds or refinance the property and remove one person's name from the mortgage and deed.

6. Request palimony. If your common-law spouse was the primary breadwinner, you may request palimony. Palimony involves a person paying monthly support payments to a former partner, although the two were never married. Palimony is only available in states that recognize common-law marriages.

Resources

• Common Law Marriages FAQ
• NCSL: Common Law Marriages