As of now, common law marriage is still legal. Whether or not you would be considered common law married after your divorce will depend on whether you did anything to continue to hold yourself out as married. If, for example, you continued to refer to one another as husband and wife in public or continued to file taxes together, you could be considered common law married. If, after the divorce, you made a public, conscious effort to be separate and hold yourself out publicly as just "in a relationship" as opposed to married, you may not be common law married. Just the fact that you lived together doesn't provide enough information for a court to determine whether or not you're common law married.
No attorney/client relationship is created based on answering questions posted on this website. Answers given are based on information provided in the question. Answers should be used as a guide or starting point ONLY and should not be considered a complete legal analysis of any situation posed.
I think it is important to know why you are asking. Do you want to be married? Do you not want to be married? You may be married by common law married but not until I judge says you are in a divorce action or other civil action.
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