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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3471
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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I reunited (1991) with my ex-husband after 26yrs apart, but

Customer Question

I reunited (1991) with my ex-husband after 26yrs apart, but did not remarry. We cont. to live in California
until 2002 . We moved to Louisiana in 2003. We relocated to Houston 2005 for 15 mo. due to Katrina.
We returned to Slidell, LA in Dec. 2006. How do I file for divorce in palimony situation?
Submitted: 3 months ago.
Category: Family Law
Expert:  Michael J, Esq. replied 3 months ago.

Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today.
By continuing, you acknowledge that I am not providing legal advice and can only comment on the law in general.

Are you asking whether Louisiana accepts common law marriages?

Thanks,

Michael

Customer: replied 3 months ago.
Expert:  Michael J, Esq. replied 3 months ago.

Thank you.

Unfortunately, Louisiana does not recognize common law marriages, so you wouldn't be able to get a "divorce" in Louisiana. These 10 states recognize them, but each has different rules:

  • Alabama
  • Colorado
  • District of Columbia
  • Georgia (if created before 1/1/97)
  • Idaho (if created before 1/1/96)
  • Iowa
  • Kansas
  • Montana
  • New Hampshire (for inheritance purposes only)
  • Ohio (if created before 10/10/91)
  • Oklahoma (possibly only if created before 11/1/98. Oklahoma’s laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)
  • Pennsylvania (if created before 1/1/05)
  • Rhode Island
  • South Carolina
  • Texas
  • Utah

I believe you would have to live in one of these states. I'm sorry.

DISCLAIMER: This is not legal advice and I am not your lawyer. My questions are based on my knowledge of the jurisdiction where I am admitted to practice, my experience on this site over several years, and research on the relevant laws and statutes for your jurisdiction, if any. My information is not advice and you should always speak to local counsel before you act.