Hello sjohns

Threads all linked up.

Thanks for sharing the common law marriage. I agree, W could have some idea that she’s not “legally”married or she’s now common law divorced.

I did some research, confirming for my locale and your’s, that yes common law marriage has the same rights, privileges, and protections as married. And it requires a legal divorce to dissolve that union, once it is established, whether paperwork was filed with the government or not. Establishing or proving said union has certain criteria: like filing taxes as a couple; presenting yourselves as a couple, introducing each other as man and wife; and of course living together. When one party tries to deny the marriage, even joint bank statements and bills can establish the marriage’s validity.

I was surprised at how many other locales, different provinces and different states, do not hold common law marriage the same as married. In fact, common law divorce is actually a thing in those places. Well more, since you weren’t married, you don’t need a divorce. You basically can, more or less, just walk away. Separating such unions can get “legally” problematic when kids are involved and one or both partners are contesting things.

The deeper I followed the legal rabbit hole of common law marriage of these other locales, the more I realized it’s misnamed. It’s more a common law relationship than marriage. A relationship with some privileges like that a marriage - joint tax returns for example, yet not things like automatic joint property ownership. And it’s more privileges than rights too. In the event of death there is no “spousal” protection. Proof of joint ownership is very much required. Amazing the risk in these locales for such a common law couple.

Anyhow, your state and my province are pretty clear that a common law marriage is a marriage with all rights and privileges thereof. And a filed divorce is needed for ending such.

Well, back to fixing my hydraulic leak on my lawn tractor. Have a great day.

D