In many states in the United States, couples who live together for a certain period of time may be considered to have a common law marriage. This type of marriage is not officially recognized by all states but can come with legal implications, especially when it comes to separation and property division. In this article, we will explore whether you need a divorce for common law marriage and discuss several key points related to this topic.
What is Common Law Marriage?
Common law marriage is a legal concept that allows unmarried couples who live together for a certain period of time to be treated as if they were married. The duration of cohabitation required to establish a common law marriage varies from state to state. In some states, couples must live together for a minimum of seven years, while in others the period is shorter.
One important thing to note about common law marriage is that it does not require a marriage ceremony or a marriage license. Instead, it is established through the couple’s actions and behaviors towards each other. For example, if a couple presents themselves as married, refers to each other as spouses, and shares assets and finances, they may be considered to have a common law marriage.
Do You Need a Divorce for Common Law Marriage?
The answer to this question depends on the state in which the common law marriage was established. In some states, common law marriages are treated the same as traditional marriages and require a divorce to end the relationship. In other states, however, common law marriages are not recognized, and therefore do not require a divorce to dissolve.
For example, in Texas, a common law marriage is legally binding and requires a divorce to end the relationship. If a couple has established a common law marriage in Texas and decides to separate, they must go through the same legal process as a traditional divorce, including dividing property and assets, determining child custody, and potentially paying alimony.
On the other hand, in California, common law marriage is not recognized. Therefore, couples who have lived together for a certain period of time do not need a divorce to separate. However, they may still need to go through legal proceedings to divide assets and determine custody arrangements if they have children together.
Key points to consider:
- Know your state’s laws: It is important to understand the laws regarding common law marriage in your state. If you are unsure whether you have a common law marriage or not, consult an attorney familiar with family law in your state.
- Consider legal separation: Even if you do not need a divorce to end a common law marriage, you may still benefit from a legal separation. This can help establish boundaries and expectations for both parties, as well as protect each person’s rights and assets.
- Seek professional help: Going through a separation or divorce can be emotionally charged and legally complex. It is essential to seek guidance from a family law attorney to ensure that you navigate the process effectively.
- Protect your finances: If you are separating from a common law spouse, it is important to protect your financial interests. This includes dividing joint accounts, canceling joint credit cards, and establishing your own credit history.
- Determine child custody: If you have children with your common law spouse, determining child custody can be complicated. Seeking the advice of a family law attorney can help ensure that your rights and the best interests of your children are protected.
Conclusion
In summary, whether you need a divorce for a common law marriage depends on the laws in your state. It is important to understand your legal rights and responsibilities when it comes to separation and property division. Consulting a family law attorney can help you navigate this complex process and ensure that your interests are protected.