A few emails have arrived recently and I would like to share them with you because they are similar to many.
Those of you who are not married to the father of your children and are seeking a separation from him, need to do some homework. First of all, some states have common law marriage laws and some do not. You need to know what your situation is legally.
FYI: There is no such thing as common law divorce.
If you are not married, please make your New Year’s Resolution to find about about the laws that pertain to you.
For a couple who lives together to be considered married by common law, a few things are required. They must present themselves as a married couple and live together. Their relationship must be exclusive. (Here is real problem if one spouse cheats, the law might not apply.) There must be evidence that the couple shares marital duties and obligations.
Right now, only nine states (Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma and Texas) and the District of Columbia recognize common law marriages. There are five states that have “grandfathered in” common-law marriages. These states are Georgia, Idaho, Ohio, Oklahoma and Pennsylvania. They allow only those common law marriages established before a certain date to be recognized. New Hampshire recognizes common-law marriage for purposes of probate only. Utah recognizes common law marriages if they have been validated by a court or administrative order.
Once parties are married, no matter the manner in which they are married, they can only be divorced by the means of the state where they request a divorce. In all 50 states that is only by court order.
Just food for thought: Divorce can be a nightmare. How difficult would the process be if someone needed to go to court to prove a marriage only to go back to have it dissolved?
Photo by Pink Sherbet Photography
