Have you built a life with your partner, sharing a home, finances, and dreams, but bypassed the traditional courthouse ceremony? If so, you might be in a common law marriage. While these unions hold legal weight in some states, dissolving them through a common law divorce can be a nuanced process. Here’s what you need to know about navigating this legal terrain.
Unlike traditional marriages with a marriage certificate as proof, common law marriages lack that clear-cut documentation. This can make proving the union and obtaining a common law divorce more complex. But fear not, knowledge is power! Let’s delve into the specifics.
Common Law Marriage – Not as Common as You Think
Common law marriage, sometimes referred to as informal marriage, isn’t recognized in every state. The number that do is actually shrinking, with a focus on formalizing unions through marriage licenses.
Currently, these states recognize common law marriage:
- Colorado
- Iowa
- Kansas
- Montana
- New Hampshire
- South Carolina
- Texas
- Utah
Even within these states, the legalities can vary. Some may have a cohabitation time requirement, while others focus on presenting yourselves as a married couple. The key is to understand the specific requirements in your state.
Here’s a tip: if you’re unsure about the legalities of your common law marriage or considering a common law divorce, consulting with an attorney familiar with family law in your state is a wise first step.
Establishing a Common Law Marriage
The absence of a marriage certificate means establishing a common law marriage requires evidence. This evidence should showcase that you and your partner not only cohabitated but also functioned as a married couple.
Some examples of strong evidence include:
- Joint bank accounts or property ownership
- Shared bills and utilities
- Insurance policies listing each other as beneficiaries
- Tax returns filed jointly
- Publicly presenting yourselves as married (think social media posts or introducing each other as spouses)
The more evidence you can gather, the stronger your case for a common law divorce.
The Common Law Divorce Process
Once you’ve established your common law marriage, the common law divorce process generally mirrors a traditional divorce. Here’s a glimpse into what to expect:
- Filing for Divorce: Initiate the process by filing a petition for divorce with the court. This document outlines your grounds for divorce and your desired outcomes regarding property division, spousal support (if applicable), and child custody (if children are involved).
- Discovery Phase: Both parties exchange information about finances, assets, and debts. This phase is crucial for equitable division of marital property.
- Negotiation or Trial: Ideally, you and your ex-partner can reach an agreement on all aspects of the divorce through negotiation or mediation. If an agreement proves elusive, the court will hold a trial to determine the outcome.
- Final Decree: The court issues a final decree outlining the terms of the divorce, including property division, child custody arrangements (if applicable), and spousal support (if applicable). This decree legally dissolves your common law marriage.
The Financial Impact of a Common Law Divorce
A common law divorce can have significant financial implications. Dividing assets, determining child support or alimony, and potential tax considerations all require careful attention. A financial advisor can be a valuable resource in navigating this aspect of the process.
Here’s a common scenario to consider: married couples sometimes file taxes separately to avoid the marriage penalty. This might be relevant in your situation, so discussing tax implications with a financial advisor is recommended.
Finding the Right Path Forward
A common law divorce can be an emotionally and financially complex process. However, with knowledge, preparation, and potentially the support of a lawyer and financial advisor, you can navigate this challenging time and emerge stronger on the other side.
Remember, this is an opportunity for a fresh start. Take some time for self-care, prioritize your well-being, and focus on building a bright future for yourself.