Legal Question in Family Law in Tennessee
Divorce
If no files for divorce can the reverse of common law marriage happen? ie common law divorce?
1 Answer from Attorneys
Re: Divorce
Your analogy to common law marriage does not work because a common law marriage can not be created in the state of TN. According to a recent Tennessee appellate case, "In Tennessee, marriage is statutory, and common law marriages between its citizens based on conduct in this State are not recognized." Divorces are statutory as well. You will need to file for divorce if you want to be divorced. I urge you to follow up with a local family law attorney to address your concerns and not to rely on this post as I may not completely understand your question. Further, I would need to have more information to answer your question thoroughly and obviously I can not tell from your inquiry whether TN law applies. Best of luck to you.