How to End a Common-Law Marriage in Pennsylvania

Written by Anthony Piccirilli

In Pennsylvania, common-law marriage is a unique legal concept that continues to affect some couples even though the state no longer allows new common-law marriages. Understanding the legal steps and implications is crucial if your relationship qualifies as a common-law marriage and you want to end it. 

Does Pennsylvania Recognize Common-Law Marriage?

Pennsylvania abolished common-law marriage in 2005. This means that relationships formed after this date, regardless of the couple’s intentions or how long they’ve lived together, are not legally recognized as common-law marriages. However, couples who can prove they entered a common-law marriage before 2005 may still have legal rights.

Steps to End a Common-Law Marriage in Pennsylvania

If you are part of a legally recognized common-law marriage, ending the relationship requires following similar steps to those for dissolving a traditional marriage:

Determine If Your Relationship Qualifies

First, establish whether your relationship meets the criteria for a pre-2005 common-law marriage. Evidence may include shared finances, joint tax returns, or testimony from witnesses who knew you as a married couple. 

File for Divorce

If your common-law marriage is legally recognized, you’ll need to file for divorce to dissolve the relationship officially. Pennsylvania law treats divorce for common-law marriages the same as traditional marriages.

Address Property Division

Like traditional divorces, property division for a common-law marriage involves equitable distribution of marital assets. The court will consider factors such as the duration of the relationship, financial contributions, and future needs.

Resolve Custody and Support Issues

If you share children, custody and child support matters will need to be addressed. Pennsylvania courts prioritize the best interests of the child when making these determinations. 

Consult a Family Law Attorney

Given the complexities of proving and dissolving a common-law marriage, working with an established family law attorney can help you navigate the process and protect your rights. 

Legal Rights After Ending a Common-Law Marriage

Once a common-law marriage is dissolved, the legal obligations and rights mirror those of a traditional divorce. This includes the possibility of spousal support and the division of jointly owned assets. However, if the court determines that your relationship does not qualify as a common-law marriage, these rights may not apply.

What If Your Relationship Began After 2005?

Pennsylvania law does not recognize common-law marriage for relationships formed after 2005. If you and your partner separate, each person retains their individual property, and there is no obligation for spousal support unless a cohabitation agreement or other legal arrangement exists. 

Protecting Your Rights Without a Common-Law Marriage

Couples in long-term relationships who do not qualify for common-law marriage can take proactive steps to safeguard their rights:

Draft a Cohabitation Agreement

A cohabitation agreement is a legal document that defines each partner’s rights and responsibilities in the relationship. It can address financial contributions, property ownership, and how assets will be divided if the relationship ends. This agreement provides clarity and helps prevent disputes during a separation. 

Create an Estate Plan

Estate planning ensures your partner is protected and can inherit your assets according to your wishes. Tools like a will or trust are critical to establishing inheritance rights without a legal marriage. These documents can also clarify how property and finances should be managed after your passing. 

Establish Power of Attorney

Powers of attorney allow your partner to make medical and financial decisions on your behalf if you cannot do so. These documents are particularly important for unmarried couples, as they grant authority that would otherwise default to a legal spouse or family member. Establishing this legal protection can prevent unnecessary delays or conflicts during emergencies.

How a PA Family Law Attorney Can Help End a Common-Law Marriage

Ending a common-law marriage in Pennsylvania can be legally complex, especially if you need to prove the validity of the relationship. A common-law divorce attorney can guide you through this process by helping you gather evidence that demonstrates your common-law marriage was established before 2005. This may include financial records, witness statements, and other documentation showing you held yourselves out as a married couple.

For couples who do not qualify for common-law marriage, a family law attorney can provide advice on creating legal agreements, such as cohabitation contracts or estate plans, to protect your rights in the future. You can navigate this challenging time with confidence and clarity by working with a dedicated attorney.

Contact a Pittsburgh Family Law Attorney for Guidance

Understanding and navigating the legal landscape of common-law marriage in Pennsylvania can be challenging. Whether you need to prove a common law marriage, file for divorce, or protect your rights in an unmarried relationship, Pittsburgh Family Law, LLC, is here to help.

Contact us online or call (412) 471-5100 to schedule a free consultation and take the next steps toward resolving your legal matters.