More couples now opt to live together before they get married or choose to cohabit rather than marry. While cohabitation and common-law marriage have lots of benefits, there are still reasons why getting married can provide people with peace of mind and stability.
Did you know that common law marriage is not recognized in California? If your common law marriage was done in states that recognize this type of union, then California will also recognize your marriage. union.
The states that support common-law marriage are Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia.
Let’s now take a look at how common law marriage works, especially when dividing shared assets and debts after a dissolution of marriage.
Legal Recognition of Common Law Marriage
If you’re wondering about the legal recognition of common law marriage, you must understand the specific criteria determining its validity in your state.
Common law marriage indicates a union where a couple lives together and presents as married without a formal ceremony. Common law marriage is legally recognized in the states mentioned above, granting couples similar rights and responsibilities as formally married couples.
The legal recognition of common law marriage typically requires that both individuals are legally able to marry, intend to be married, and hold themselves out to the public as a married couple. Factors such as using the same last name, filing joint tax returns, and presenting yourselves as spouses on official documents can help establish the validity of a common-law marriage.
Understanding the specific requirements in your state is a must to determine if your relationship qualifies as a common-law marriage.
Requirements for Valid Common Law Marriage
Certain requirements must be met for a common law marriage to be recognized. As mentioned, both partners must have the legal capacity to enter into a marriage, meaning they must be of legal age and sound mind.
There must be mutual consent to be married, which entails presenting yourselves to the community as a married couple. This can include using the same last name, referring to each other as spouses, or filing joint taxes.
The couple must live together in a state that recognizes common-law marriages. Simply cohabitating isn’t enough to establish a common-law marriage; there must be an intent to be married.
Process of Filing for Divorce
When considering the dissolution of your common-law marriage, including how long a divorce takes, it’s important to understand the process of filing for divorce.
To initiate the divorce proceedings, you must typically file a petition for divorce in the appropriate court. This petition should outline the grounds for divorce, such as irreconcilable differences or other legally recognized reasons.
You may need to provide information about your marriage, such as the date and whether children are involved.
After filing the petition, you must ensure your spouse is properly served with the divorce papers. This step is to make sure that they’re aware of the legal proceedings and have the opportunity to respond.
Once your spouse has been served, they’ll have a certain period to respond to the petition. If both parties agree on the divorce terms, the process may proceed more smoothly. Otherwise, the court will intervene to help resolve any disputes and finalize the divorce.
Division of Assets and Debts
To properly divide assets and debts in a common-law marriage, carefully assess and document all shared financial responsibilities and belongings.
Create a comprehensive list of all assets, such as property, vehicles, investments, and personal belongings acquired during the relationship. Make a detailed account of all debts, including mortgages, loans, credit card balances, and other financial obligations accumulated jointly.
Once you have a clear inventory, work with your ex-partner to negotiate a fair division of assets and debts. Consider factors like each person’s contributions to the acquisition of assets, financial needs post-divorce, and any existing agreements or arrangements made during the relationship.
It may be beneficial to seek the guidance of a mediator or legal professional to facilitate these discussions and guarantee a mutually agreeable outcome. Remember to update ownership documents and account information accordingly to reflect the new asset and debt allocations post-divorce.
Considerations for Child Custody
When determining child custody, the focus should be on creating a stable and nurturing environment that promotes the children’s emotional and physical development. Communicate openly with your ex-partner to reach an agreement that serves the best interests of your children.
Factors such as the children’s age, their relationship with each parent, and the ability of each parent to provide a safe and supportive home are considered when deciding custody arrangements. Be flexible and willing to cooperate to make sure the children have a healthy relationship with both parents.
In cases where joint custody isn’t feasible, establish a visitation schedule that allows the children to maintain meaningful connections with both parents.
Putting the children’s needs first and working with your ex-partner can help create a positive co-parenting dynamic that benefits the children in the long run.
Conclusion
If you find yourself in a common-law marriage that’s no longer working out, remember that you may still need to go through a divorce process to officially end the relationship. It may be a challenging process, but with the right guidance, you can handle it successfully.
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