ANSWERS: 2
  • While some states recognize a "common law" marriage, there is no such thing as a "common law divorce." A common law marriage only matters when it comes to things like alimony and spousal support. If your state recognizes common law marriages, then you might be held liable in a civil suit for support to the person who acted as your spouse, but without a legal marriage. Bigamy applies to a person who is legally married to one person, then marries another without terminating the first marriage.
  • Be careful First Answer. I know for a fact that is not true in most places. What constitutes common law differs from state to state. In SC all you have to say is "This is my wife/husband" as long as she/he doesn't object, you're common law married. In other states one has to cohabitate for a period of time. Either way, it is legally accepted as proof of marriage and a divorce is required. Custody, alimony, and child support are in addition to divorce.

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