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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29981
Experience:  Attorney with experience in family law.
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Seeking Second Option: Can I filed law marriage

Customer Question

Seeking Second Option: Can I filed for common law marriage in Kansas regarding my 13 year relationship IF I was still married during a several years of our 13 years together. 2003 to present. Separated April 2015 Our relationship began in Kansas we then
moved to Florida 2008. I did some research finding out that Florida doesn't have common law but where our relationship began in Kansas does so it should revert back to Kansas Common Law. Correct? I had no contact with my Now Ex. during our years together.
Hopefully I still have some rights.
Submitted: 2 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 years ago.
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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