If you have a common-law marriage from a state that recognizes it and move to Tennessee, you might wonder if you need to file for divorce. Tennessee does not recognize common-law marriage. So, understanding this law can help you clarify this issue.
Understanding common-law marriage
Common-law marriage is a legally recognized union between two people who live together. They present themselves as a married couple but do not have a marriage license.
Because Tennessee does not legally acknowledge common-law marriages in the state, couples in such relationships do not have the same legal rights and protections as those who are formally married.
Recognizing out-of-state common-law marriages
Tennessee does, however, recognize common law marriages established in other states. If you move to Tennessee with a common-law marriage from a state that recognizes it, Tennessee will consider you married and you will have the same legal rights and responsibilities as couples married in the state.
Filing for divorce
If you decide to end your common-law marriage, you will need to go through a formal divorce process. You must file a petition for divorce, divide marital property, and resolve issues like alimony, child custody, etc.
Given the complexities of common-law marriage and divorce, consulting with a family law attorney in Tennessee is advisable.
Even though Tennessee does not recognize in-state common-law marriages, it does acknowledge those established in other states. This creates a complex situation when it comes to filing for divorce. Understanding the nuances is essential to ensure a fair resolution for you, your ex-partner, and any children involved.
