Legal Question in Family Law in Pennsylvania

I filed married under common law on our taxes. My spouse has since left are we still legally married? Do we have to file for divorce before we can legally marry someone else?


Asked on 7/27/10, 6:25 am

1 Answer from Attorneys

When and where did this so-called common law marriage occur? PA did recognize common law marriages that were contracted prior to 2005, but no longer, as the reasons for common law marriage largely do not exist. You have to do more than claim a spouse on taxes or live together - this is not the test. Assuming it was prior to 2005, you have to show a holding out yourself as a married person and words to show marriage.

What I suggest is that you contact a family law attorney. Specifically ask him or her about the common law marriage and the particulars of that relatioship. If you have a valid common law marriage, then yes, you need to file for divorce. If the marriage is not valid then you don 't.

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Answered on 7/27/10, 11:30 am


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