Common Law Divorce

Common Law Divorce in different states

A romantic partnership between two persons for a specific period of time is considered as a Common Law Marriage by the court. Such a Common Law Marriage is recognized in the following states in the U.S.

• Washington, D.C.
• Utah
• Texas
• South Carolina
• Rhode Island
• Oklahoma
• New Hampshire
• Montana
• Kansas
• Iowa
• Colorado
• Alabama

Some couples opt for a common law marriage and then find that it has failed. Such couples then pursue a common law divorce. In those states in which a common law marriage is not recognized, common law divorce cannot be pursued. In such states, it is considered that the couple was never married.

In those states in which common law marriage is recognized, the couples residing together for a specific span of time have legal rights identical to the couples who have undergone traditional marriage. Such couples who have undergone common law marriage can apply for a common law divorce. The common law divorce has a divorce procedure that is similar to the divorce process of a traditionally married couple.

Notion regarding Common Law Divorce

Several people assume that common law divorce is identical to common law marriage. These people are of the opinion that if they have an intention of divorce and reside separately for a specified period of time, then, the law would regard them as divorced. This concept of common law divorce is completely mistaken. No state in the U.S. follows this procedure. If the spouses are regarded as legally married by the rules of common law marriage, then, they have to complete the traditional divorce procedure like custody, child support, alimony and division of property.

Process that is recommended for couples opting for divorce

Prior to filing for a common law divorce, it is advised that the following options should be tried by a couple opting for divorce.

• The partners must attempt property division and division of other assets in such a way that both are satisfied.
• The spouses should plan out a childcare arrangement.
• The couple must hire the services of a mediator. If the major decisions between the parties are not in conflict, then, the mediator can resolve the divorce in a short span of time.

Procedure of Common Law Divorce

Those couples who do not have children or property may file for the common law divorce themselves in the absence of assistance of the divorce lawyer. Such couples need to contact the local court clerk and find out data regarding filing a petition for divorce. It is compulsory to pay a court fee and furnish the following information:

• Names of both spouses
• List of all the marital property and debts

After the petition is filed, the court clerk will give a copy of the petition and the court summons to the petitioner.

If the divorcing couple has children or marital property, then, it is advisable to approach a divorce lawyer and follow the attorney’s instructions.

Divorce Papers