When two people have been living together for quite some time, they may decide that they want to end the relationship. However, not every couple in Delaware who are in this situation are legally married. The question then becomes, can one file for a divorce even if they were never legally married? This article will explore the answer.
Exploring Common Law Marriage
Before understanding if one can file for a divorce, it is important to know about the concept of common law marriage. Common law marriage is the recognition by the state of a marriage even if the couple never obtained a marriage license or had a ceremony. Delaware is one of the few states in the United States that recognizes common law marriages. For a couple to be considered married via common law in Delaware, they must meet certain criteria.
Meeting the Criteria for Common Law Marriage in Delaware
To be considered married via common law in Delaware, a couple must:
- Have an expressed mutual intent to be married
- Have lived together in Delaware as husband and wife
- Present themselves to the public as a married couple
Filing for a Divorce in Delaware
If a couple meets the criteria for common law marriage and wants to end the relationship, then they can file for a divorce just like couples who have legally obtained marriage licenses. The only difference is that the court will need to determine if a common law marriage exists, which may require the testimony of witnesses and other evidence.
Conclusion
In conclusion, couples in Delaware who were never legally married may still have a common law marriage that the state recognizes. If the couple meets the criteria for common law marriage and wants to end the relationship, they can file for a divorce. It is important to speak with a legal professional to determine the best path forward in these situations.