D. Stussy wrote:
- quote -

Then use the car! :-)

Moderator:
The simplest way to a common law divorce is to drive your
spouse crazy by being becoming affectionate, considerate,
and sexually obscessed with her/him. The change in your
behavior might drive you spouse over the edge.

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Stuart A. Bronstein wrote:
- quote -

Yes, there is: A shotgun divorce! :-)

Moderator:
But that's a felony even if you belong to the NRA

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"engine" <engine247[at]gmail.com> wrote:

- quote -

i think you will find:
- texas common law marriage statutes are different (more
liberal) from other states
- "IF" you and her were married under common law on the
last day of 2004 (or before), you and she can file a
joint return for 2004, and if you do, you must both amend
your returns into a joint 2004 return
- the IRS will not "automatically connect the two", her 2004
overpayment should be reported on the amended joint return
and the bottom line on the amended return adjusted
accordingly
- common law marriages require a "regular" divorce to end
them (the parties cannot just decide they are no longer
married)

as an aside, the state of new york doesn't recognize common
law marriages of its residents unless it was consummated
outside new york in a jurisdiction that recognizes common
law marriages

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"Bill Brown" <brownwp[at]longwood.edu> wrote:

- quote -

I remember seeing at least one Texas case that says, there
is no common law divorce.

Stu

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Dick Adams <rdadams[at]smart.net> wrote:
- quote -

Under Texas law (I've had occasion to research this lately)
the requirements are:

1. Cohabiting
2. Holding out as married (need not be to everyone)
3. Intent to be married.

Texas courts often imply the third requirement from the
first two. So filing of the joint return signed by the
couple would satisfy this requirement.

Stu

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engine wrote:

- quote -

In order to have a common law marriage, there must have
been a mutual present tense agreement that you wish to
be married. PA is a common law marriage State and Helen
can address this issue very thoroughly.

Is it noted on the birth certificate that you are married?
If yes, you are in a commmon law marriage. If it notes
that you are unmarried, then you are not married. Have
you and your girlfriend introduced each other as husband
and wife, then you may very well be married provided you
did not indicate that you were not married on your child's
birth certificate.

Was your child born in 2004? If yes and you are not
married, one of you can file Unmarried Head of Household.

Dick

As an aside, New York recognized a common law marriage
between two New York residents because the man had
register in hotels in CLM States as husband and wife
because they owned property in a CLM State as h/w.

There were several cases in Georgia while it was a CLM
State where a man registering in a motel as h/w created
a CLM.

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engine wrote:

- quote -

I'm not familiar with Texas law but in general states
that recognize common law marriages don't allow residents
to flip back and forth between married and not married nor
do they allow retroactive claiming of that status.

- quote -

A married filing jointly return requires a married couple
to both use that filing status. If you are married under
Texas law, your wife would have to join in the amending
process.

If you are married under Texas law, the only way you can
become unmarried is to go through the legal process of
getting a divorce.

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Hi,

I live in Texas which I believe is still a common law
marriage state. We filed 2003 taxes as both single. We just
had a baby and in the chaotic rush we filed off our taxes
without stopping to think. I've done some reading and from
what I have read I believe we could have filed married
jointly which would have made a very large difference since
she made practically zero dollars in 2004.

I'd like to see about amending my tax return to married
filing jointly but I am wondering about the following. Do I
need to only amend my return to reflect the change or do we
need to amend hers as well? She got a refund of about 400
dollars. How do I go about this? I guess the question is
will the IRS automatically connect the two and deduct what
was refunded to her or is there a process by which I must
return it, etc.?

Thanks for any opinions.

-gin

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