In some states, individuals can live together for a particular number of years and will be recognized by the state as "married," even if they’ve never had a legal wedding ceremony. Therefore, when those couples split up, it’s necessary to receive a common law divorce. By understanding the basics of common law divorce, individuals can learn how to obtain one and whether or not they will even need one.
States Recognizing Common Law Marriage
Before trying to find out about common law divorce, individuals will have to determine whether they are married by common law or not. This practice is only legal in certain states. If individuals live in one of the following states with a significant other and have done so for several years, there’s a chance that they will need to have a common law divorce:
- Alabama
- Colorado
- Georgia
- Idaho
- Iowa
- Kansas
- Montana
- New Hampshire
- Ohio
- Oklahoma
- Pennsylvania
- Rhode Island
- South Carolina
- Texas
- Utah
For additional information about states that acknowledge common law marriage, visit Expert Law.
Tips to Obtain a Common Law Divorce
While the rules for a common law marriage are complicated, the rules for a common law divorce are not. Once a couple has been recognized as married through the common law marriage, they must obtain a divorce in exactly the same way a legally married couple would. They will have to petition the courts to work out issues such as child custody, division of assets and property.
Try Divorce Mediation
Individuals who are married through common law may want to consider mediation to make their divorce easier. Mediation is a process where a third party helps couples make important decisions during a divorce, such as how the custody issues will work, who gets what property and how the assets are divided. Mediation can be much easier than going through a nasty court battle and can often be less expensive as well. Couples who are parting amicably aren’t required to hire an attorney for mediation, although some may decide to hire an attorney to protect their interests anyway.
Speak to a Divorce Attorney
Couples who are seeking divorce after being considered married through common law statutes may need to speak to a divorce attorney. Since the divorce process is exactly the same as couples who have been married legally, there are important decisions to be made. If the couple cannot agree on decisions such as custody and asset division, speaking to a divorce attorney can make the process go easier and faster, as well as protecting the interests of both parties.
In conclusion, common law and public record divorce doesn’t actually exist. While couples can actually be bound together in legal marriage because of common law in certain states, they must go through the exact same processes of divorce as everyone else. For this reason, it’s important to protect their interests and try to work out an agreement with their spouse. By using the information above, individuals can learn what they need in order to separate from common law marriage.
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