i live in pennsylvania. i was living with my ex from july 2002 until sept. 2010. we were filing our taxes under married. it was a common law marriage. we have been seperated since sept.23, 2010. i had no income to file taxes last year but this year i do and my tax preparer said i will need to file for divorce. is this true?do i need to get a divorce?
1 Answer from Attorneys
Probably yes. Commonlaw marriage was abolished in PA in 2005, but it still applies to people who claimed a commonlaw marriage before that date. This is especially true if you filed taxes as a maried couple. A result, your common law spouse could probably sue you for support and alimony, and the government might apply your spouses wages to your tax return. Under the circumstances, you can probably get a no-fault divorce pretty inexpensively. You should shop around and find a divorce lawyer who charges a reasonable fee.