Divorce in common law marriage

If there's really no property to be divided and no children, I really don't see the need to file for a divorce. Common law marriage is more difficult to prove than a marriage with a marriage license. If neither of you wants to go through the divorce process and there is nothing to divide or you agree on how to divide what you do have, just I your separate ways.

Normally by reconciling the marriage in 2014, you were in compliance with FAM 2.401 (a)(2) "man and woman agreeing to be married and after agreeing they lived together in this state as husband and wife." The filing of the 1040 jointly as husband and wife would have been sufficient evidence of proof of your common law marriage. Since there is no common law divorce, it would appear that you would have to get a divorce. Now if you begin a relationship without, (which from your facts is not applicable to this case), the intent of a common law marriage and ceased to live together "before the second anniversary of the date of separation, it would only be rebuttable that the agreement was not entered into and the common law marriage would not have come into existence. I would argue that (1) a reconcile plus (2) joint filing equates to a common law marriage.

You should find a divorce if you intended to be married and agreed you were remarried and gel out yo the public as husband snd wife