I live common law with my partner but weve never been married. Am I able to apply for a divorce?
No. You cannot apply for for, nor do you need to apply for one. Only married people, whether they are of the opposite or same sex, are eligible to apply. Despite your exclusion from the divorce process, you may still be able to apply to the court or negotiate a formal separation to settle support, child custody and other outstanding matters between you and your partner.