Articles Tagged with common law marriage

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Board Certified Family Law Specialist Matt Arnold answers the question: “How should I prepare if I intend to file for divorce in the near future?”

Unsurprisingly, marriage is seen as a nonnegotiable prerequisite to divorce. A court cannot grant a divorce and divide marital property without an underlying marriage. Though this would seem to make sense, there are instances where though a marriage may not be legally valid, it is recognized by courts as having occurred. We have previously discussed issues surrounding common law marriage, but this post deals with something a little different: the putative marriage doctrine.

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Board Certified Family Law Specialist Matt Arnold answers the question: “Can I sue someone for breaking up my marriage?”

Many people have heard about common-law marriage, believing incorrectly that if you only live with a person for a certain number of years you can become legally married despite never going through the formal steps. While common-law marriage does exist, it does only under very limited circumstances and only in a small number of states. In fact, these days a variety of legal hurdles have been constructed to ensure that it is very rare for a court to acknowledge the validity of a common-law marriage.