DADI Blog

Unmarried Couples Partnership Dissolution

Posted by admin on April 27th, 2006

If you are living as husband and wife in some states you can be recognized ad being “common law married. There are only a few states that do in fact recognized common law marriages and they include Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, Utah, and Washington DC. If you life in any other state common law marriages are not recognized and you will need to be prepared for a dissolution without much help from any state or federal laws.

To learn more about the laws that govern exactly what common law marriage is in the states above you will have to research court records. Usually if you live together for a certain amount of years and if the wife takes on the husbands last name, or other such agreements you can be married without any type of paper. But, when it comes time to separate you will need to go through a proper divorce proceeding. Some states, do allow for common law marriages to receive a divorce in the same manner in which married couples do.

If the state in which you live does not recognize common law marriages, then you are pretty much in a pickle when it comes time for a parting of the ways. There are no laws which govern how property, child support, palimony, or anything else should be divided in these types of cases.

You both can mutually agree on how to divide up the property and where the children will live, etc. But, if you are both are disagreeing you can talk with an attorney to learn what rights you have especially where the children are concerned. Attorneys will know what legal rights you have and how to best go about ensuring that your rights are protected when you are unmarried and have incurred property together and if you also have children.

Many times you will find that you can also receive help from a mediator that can work with you through the entire dissolution so both partners are satisfied with the arraignments and so the children do not suffer.

Many times, you may have to end up in a small claims court when it comes to who actually owes what when a dissolution occurs. Then it will be up to the judge how he sees your relationship. Since, there may not be laws on the books governing your state; you may be seen as room mates instead of partners.

It is always best when you decide to live with someone out of marriage, but mirroring a legal marriage to begin with a pre-nuptial agreement. This will safe guard what you have when you begin your relationship and can also include what you both agree should happen in case of a parting of the ways.

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