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Archive for the 'Unmarried Couples' Category

Unmarried Couples Partnership Dissolution

Posted by admin on 27th April 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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Same Sex Partnership Dissolution

Posted by admin on 27th April 2006

As you can read in the paper and see on television Same Sex Partnership Dissolution is a major issue for policymakers, courts on all levels including local, state and national levels. Not only is it a major issue for the law makers, but is also a subject that is causing mayhem for the general population as well. This topic brings about moral issues in which many people wish to ignore.

But, no matter what your believes on Same Sex Marriages, there are issues that need to be met concerning what happens when they decide to go their separate ways in regard to items that have been accumulated together and even in case of the adoption of children.

You will find so much information based on the dissolution of heterosexual relationships including those married, under common law, palimony, child support and so much more, but when it comes to same sex relationships there is practically no information at all. Many times, this is because a same sex partnership is in essence not a marriage, and most people deem it as if the couple were just living together as room-mates. This is where the problem comes in when you talk about the dissolution or the separating of their belongings.

When same sex couples have a relationship that is similar to a heterosexual marriage by mirroring most of the same attributes of a marriage it is hard to distinguish how the property should be divided. These couples may have a joint bank account, divide the bills on their home, both be listed on the deed to the home, have acquired cars, credit cards, benefits plans, and even adopted children. When the relationship ends, there are no laws governing how their property should be divided and what happens to the children that live in this environment.

Some same sex couples opt to put a pre-nuptial agreement in place to protect themselves prior to marriage while others may believe that this does hamper their romance.

As the same sex couples may not be able to make their own decisions on how to proceed they turn to attorneys who may be able to help them to some extent when dividing property. These couples have three options when it is time to separate:
On their own with each person agreeing to how things should be divided, etc.

The last way is through the help of a private mediator. A private mediator can help the same sex couple through experienced guidance, aid with legal binding agreements, help couples compromise and come to a shared resolution.

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Palimony

Posted by admin on 27th April 2006

Palimony was brought to the front of the news by the Lee Marvin palimony case.  In that case, Lee and Michelle Marvin had lived together as man and wife.  When they separated, a palimony case was brought against Lee Marvin.  To prove a palimony claim a plaintiff must have an underlying claim such as implied agreement, written or oral agreement.  Living together is not an implied agreement between unmarried people regarding their property.

California will enforce most agreements between unmarried couples.  Reasons for being could be due to ban on same sex marriage, one partner already married, one of them not wanting the responsibility to support their partner and a desire to not share the property and assets they had when they started living together.

There are three types of agreements between cohabitating partners.  The first one is an implied agreement.  They are unspoken understandings between the couple that she will always be supported, even if a break up occurs.  It is surprising to learn that a court can make you live up to this type of agreement.

Oral agreements are made between the couple but again after a break up there are always two sides to every story.

Written agreements are the preferred way to guarantee rights between the two partners.  It is signed by both parties and will ensure some measure of security in case of a break up.  It helps clarify exactly what each partner expects from the relationship and helps to open communication.

Partners should concentrate on financial matters before you move in together.  You may think you know what the distribution of bills or assets will be but find out your partner clearly has a different idea.  Talk through the issues and then have an agreement drawn up.  An agreement you have written yourself is better than no agreement at all.  Preferably, an attorney is more likely to find any discrepancies or find any issues that could cause problems in the future.

A couple may feel they are “in love” and don’t need to protect themselves or their financial future.  If you ask them, most divorced couples will tell you they were “in love” when they married each other.

Keep your money and assets separate, don’t refer to your partner as your husband or wife, and keep a clearly written agreement on what you agreed on when you started living together.  Last of all; don’t put titles or other assets in your joint names.  Joint ownership can be an implied understanding that all property will be shared equally.

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