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Would an affidavit from my adult child be sufficient as proof of a common law marriage?

Asked over 2 years ago - Washington, DC

I would like to dissolve a common law marriage. We have been separated since 1989. I have DC birth certificates for our children with both our names. I don't have much else other than my own statement. Can I use an affidavit provided by my adult child? What should it include and what else could I use?
We did file taxes jointly at one time, but that was back in the 80's. Thank you.

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This would be uncontested, with no property and all adult children.

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Attorney answers (1)

Thuong-Tri Nguyen

Reputation Level 20

Answered over 2 years ago. Family Law Attorney in Renton, WA.

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Common law marriages can be formed within the borders of only a few states. DC apparently is one of the few places that allow a common law marriage to be formed. You likely should first determine whether you may have a common law marriage.

If you two lived in a state that does not allow a common law marriage to be formed within its border, you would have no marriage to be dissolved. For example, in WA, there is no marriage no matter how two persons lived together if they do not get a marriage license. (In WA, there are property rights issues in marriage-like relationships.)

If the purported spouses do not contest that there is a marriage, I would doubt that a petitioning spouse would need to prove that there is a marriage.

However, each state and DC have their own laws and procedures. You should check with local attorneys as to what you need or should do.

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