Does a Common Law Marriage Require a Divorce
In the past, a man and woman could be considered married, even if they had not gone through a wedding or a civil ceremony. Though the criteria depended on the laws within the couple’s home state, generally speaking, the requirements for a common law marriage included:
The couple must live together for a designated period of time
The couple must act as though they were married and refer to each other as husband and wife
A consummation of the common law marriage must have occurred
The purpose of this alternative marriage, like many family law rules, was mostly to protect children from being considered ‘illegitimate.’ As the law modernized to protect the rights of children born to unwed parents, the social stigma of illegitimacy lessened. Thus, the need for common law marriage dissipated. Nevertheless, a common law marriage is still a binding marriage that requires a divorce to officially end the relationship.
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