Question Details: My children's father and I have filed joint tax returns for the past 16 years. We have never been traditionally married, therefore we have no marriage license. With this instance are we considered married and is a divorce necessary?
Your state (NH) does not have what is commonly known as "common law" marriage (marriage formed by acting as if your are married, without a marriage license or being formally married). Therefore, you are not married and do not need to be divorced.
Of course, if you filed joint tax returns while not married, it's possible that you commited tax fraud, but that is a different issue.
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