How Can You Get A Common Law Divorce?
Before you look at common law divorce, you need to understand what common law marriage is. This is an arrangement where two people live together like husband and wife without a formal approval from any court or religious institution. This differs from couples who just live together in the fact that they appear in their social circles as husband and wife.
What You Should Know About Common Law Marriage
Common law marriages are quite widespread all over the world, particularly in Europe, Canada and America. These marriages are not solemnized by any means, nor are they recorded by any civil body. Both the partners who could be either opposite sex or the same sex need to be adults to enter a common law marriage. States have separate legislature which award certain rights on "marital" property of such marriages, especially if children are involved.
Common law marriages are not recognized by the law as marriages, but often are given the recognition of a parallel type of institution because it is socially recognized and accepted. There is no such thing as common law divorce unless the common law marriage is recognized as legal by the state or country. The reason for this is simple - how can you divorce a person who is not married legally? In the states where common law marriage is recognized, the process is more or less the same as a regular divorce. Consult an attorney and go ahead and file for divorce.
What If This Type Of Marriage Is Not Recognized By Your State's Law?
In this case you need to rely more on the social aspect since this is the only way by which you could be freed from the relationship. First thing you should look out for is a mediator for common law divorce. The mediator should be a person whom both spouses hold in high regard. The division of property, the custody of kids, the alimony if any, and whatever other concerns could be settled amicably with the help of the mediator.
You need to keep in mind that just as the sharing of property needs to be done equitably, so are the debts that were incurred previous to the common law divorce. The debts too would be shared equitably in common law divorce. It is very important that the closure should be as amicable as possible for the sake of both partners as well as the children.
