I mean, I'm pretty sure they've both pushed the legal boundaries of "til death do us part" to it's limits ages ago and the Emma situation (which seems to be over) complicates things but they currently consider themselves married.
(Insert obligatory Wolverine joke here)
They're just in a long-distance telepathic relationship while Jean is finding herself and Scott is rebuilding.
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(Insert obligatory Wolverine joke here)
They're just in a long-distance telepathic relationship while Jean is finding herself and Scott is rebuilding.