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  1. #1

    Default Does an Affidavit of Common Law Marriage Require Divorce or Annulment

    My question involves a marriage in the state of: Montana

    I have a question about Common law marriage. If a person filled out and signed a affidavit of common law marriage only to qualify for health insurance thru the other persons work but never changed their name, had a ceremony or exchange of rings, did not register with the state, did not have the same bank account but did file taxes as married.Is it still valid and is there anyway to have it annulled?

  2. #2
    Join Date
    Jan 2006
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    Default Re: Common Law in Montana

    No. You are married and it takes a divorce to severe that.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Does an Affidavit of Common Law Marriage Require Divorce or Annulment

    The criteria for entering into a common law marriage are described here. It's not necessary to register the marriage with the state.

    You should not assume that you will qualify for annulment. See Montana Code Sec. 40-1-402.

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