I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.
There is a very pervasive myth out there that common law marriage requires a specific period of cohabitation
and that people who live together long enough are considered common law spouses. That is not the law in any spouse. A common law marriage is still a marriage
, and it requires action on the part of the spouses - a person cannot become legal married without their knowledge and consent.
The only way to create a common law marriage is for the spouses to agree to be married and hold themselves out to the community as a married couple. A person who is married is legally incapable of being married to anyone else and therefore cannot enter a common law marriage with anyone else.
If you and your partner agreed after you divorce
that you would be presently married and held yourself out to the community as a married couple, then it doesn't matter how long you lived together. If you didn't, I'm sorry to say, it's impossible to claim a common law marriage.
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