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Do I need to file divorce for a common law relationship?

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Do you have to file for a divorce from a common law relationship?

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A Family Lawyer
5 years ago

There are no legal formalities to enter into a "marriage like relationship" which is to be in a common law relationship. Because there is no marriage, there is no jurisdiction for the court to grant an order dissolving the marriage. There is also no legal jurisdiction to recognize the common law relationship as similar to a marriage and therefore grant dissolution of that relationship. For greater clarity there must be a continuous cohabitation to form a spousal relationship or a child whereas a marriage may be between two persons who have known each other for a considerably shorter period of time. In some provisions you may register your common law relationship. However, there is no dissolution of a common law relationship because the formalities to enter the relationship were simply not met.

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