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Domestic Dispute
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Children & Divorce
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If a person has been in a common law marriage, is it necessary to obtain a divorce to dissolve the marriage relationship?Yes. But unlike a conventional or ceremonial marriage, a proceeding to prove a common law marriage must be commenced within two years after the date that the couple ceased living together. After that, there is a rebuttable presumption that the parties did not agree to be married. If the evidence at trial shows that any one of the three elements of a common law marriage is not supported by the evidence, the court will find that no common law marriage existed. In a divorce proceeding, assuming that the common law marriage is undisputed or proven by the evidence, the same issues involving child support and division of property must be resolved.
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