How do you get divorced in a common law marriage?

To establish a common law marriage, the law has given attorneys multiple factors to consider. As such, it would be important to meet with an attorney to discuss the factors provided and whether your relationship meets those marriage factors. Secondly, if you have been separated two years or more, the law presumes you were not common law married. If it is determined that you are in a common law marriage and have not been separated for two years or more, the Court during a divorce proceeding can aid in the division of your assets and debts. Regardless of the determination of your marital status, if and your partner have had children together it is important to seek the Courts intervention for possession and access rights the child(ren).