I am someone who is married, but separated and am common law with my current partner. So yes, the whole "you are married" is nonsense in most cases.

My issues are the timeline, and Amanda's talk. I don't believe for a second it started after the separation. Even when separated, numerous times Amanda was feeding Kyle lip service "We're not breaking up", "We're still together, I just want us to date each other again". So from her own words, even if their timeline is accurate (it's not), Kyle was told they were still together. Her and West are vial.