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When two people live together and identify themselves as a married couple without a formal ceremony or marriage license, it is known as a common law marriage. Although common law marriages are not recognized in every state in the country, those that do often have to be terminated through a formal procedure, just like traditional divorce. It’s a common misconception that ending a relationship or moving out is sufficient; however, there are still legal responsibilities related to property, money, and child custody. 

To achieve a seamless and legally sound separation, this blog lists the essential actions to take when dissolving a common law marriage.

Confirm Your Common Law Marriage Status

Make sure your partnership meets the requirements for a common law marriage under state or federal law before moving forward with a separation. Only a small number of U.S. states and certain legal jurisdictions recognize common law marriage. Usually, courts take into account elements like:

• If you and your spouse have shared a home for a considerable time.
• If you both consented to marriage and acted as a married couple (for example, by referring to one another as spouses or paying joint taxes).
• Shared monetary responsibilities, including loans, mortgages, and bank accounts.

Since different states have different legal definitions of common law marriage, speaking with a local attorney can help you decide whether your relationship qualifies and what procedures must be followed to end it.

Understand the Legal Requirements for Separation

Terminating a common law marriage might resemble a traditional divorce even if there is no marriage certificate. To properly share assets and responsibilities, partners may need to go through legal divorce proceedings in states that allow common law marriages.

Important legal factors include:

• Property division: Just like in traditional divorce, courts have the authority to split assets obtained during a relationship.
• Spousal support (alimony): Alimony may be granted if one spouse is financially reliant on the other.
• Child support and custody: If children are involved, financial responsibilities and custody will be decided through legal proceedings.

Speaking with a family law lawyer is essential to guarantee compliance with local regulations because the legal process differs depending on the area.

Divide Assets and Debts

Common law partners sometimes share financial duties even if they do not have a marriage license. Determining how assets and debts will be split is crucial when separating. Significant steps consist of:

• Recognizing collectively owned assets, including houses, vehicles, or businesses.
• Examining outstanding loans, credit cards, and joint bank accounts.
• Collecting financial documents, such as retirement accounts, investment portfolios, and tax returns.

Legal mediation or court action may be required to secure a just outcome if partners cannot agree on how to divide assets.

Resolve Child Custody and Support

Both parents must agree on custody and support arrangements if children are involved. Custody problems in common law marriages are resolved similarly to traditional divorces. Courts take into account:

• The child’s best interests.
• The capacity of each parent to support the other financially and provide care.
• Current parental duties and the bond between each parent and their child.

Creating a legal custody agreement specifying visitation times, monetary support, and decision-making duties is necessary. A fair agreement for all parties can be ensured, and parental rights can be protected by speaking with a lawyer.

Complete the Separation Legally

Legally terminating a common law marriage may require a formal court order, depending on the laws of your state. In certain jurisdictions, to resolve financial and parental issues, partners may need to file for a formal separation or divorce decree. Important steps consist of:

• Submitting the required documentation to the family court.
• Participating in judicial proceedings or mediation, if necessary.
• Obtaining a definitive decision that ends the common law marriage lawfully.

Professional legal counsel is strongly advised because skipping proper legal procedures can result in future property, financial, or custody conflicts.