Le Knapp: Ending a Common Law Marriage

In some states, including Utah, couples are considered married after being living together for a long period of time, sharing finances, and hold themselves as married. Common law couples act just as married couples, except they are not required to get a marriage license, and have a traditional ceremony. If you choose to end a common law marriage, it’s important you understand these laws and find experienced legal representation from a Salt Lake City divorce attorney

UTAH REQUIREMENTS

Some requirements in common law marriages in the State of Utah include:

Parties are of legal age, at least 18 years old.
They cohabited before common law marriage Utah.
They can lawfully enter into solemnized marriage.
They hold themselves as married even before common law was implemented in Utah.
They assume marital obligations, rights, and duties within the common law marriage.

VALIDITY OF COMMON LAW MARRIAGE

Although there are laws that address common law marriage in the states allowing such unions, some specific things are considered in order to recognize a common law marriage Utah or any other state recognizing common law:

The parties signed power of attorney papers while still being in the relationship.
The marriage took place in a state where such unions are allowed.

Common law marriage Utah can be validated within another state but some factors such as a separation or divorce are considered. Some things the court generally considers to validate a common law marriage in Utah include:

Parties cohabitated either in Utah or another state where such marriages are legal.
There are common law marriage requirements established by the out of state jurisdiction.
The court can establish the date of the common law marriage.
The court may determine whether there were POA documents signed before cohabitation.

GETTING A DIVORCE

The procedure for a getting a divorce it’s exactly the same as married couples. You need to file papers in order for the court to dissolve your marriage and divide property accumulated throughout the years you lived together. If you had children, the court will determine child custody and child support. Alimony can also be petitioned. Some other things to think about are:

Property division– If parties can’t agree on how to divide their assets, the court will be able to determine and rule on this issue after receiving submissions from both parties. You can also have a mediator to help you work out a fair agreement on marital property division.
Debts– The individual under whose name the debt appears is responsible to pay the debt. Sometimes agreements can be made where one of the spouses can pay a specific debt. However, the primary borrower is always responsible to pay off the debt, even when the other party fails to pay as agreed.
Divorce may not be necessary– In some cases, a divorce may not be necessary if the couple has only lived together for so long and have only a few joint assets, friendly breakups in couples with no children, or a relationship where they can reach an agreement about their property and assets.

SPEAK TO AN ATTORNEY

Perhaps you want to end a relationship with the person you live with but you are not sure if your union is considered a common law marriage that may require a divorce. Whether you are legally married or not, a separation can be a difficult process. With the help of a Salt Lake City divorce attorney, you will be able to figure out where you stand and move forward to better horizons.

DOMESTIC VIOLENCE CASES INCREASE IN UTAH

In almost every marriage, couples fight. Even happy couples have disputes from time to time. Sometimes, though, these arguments get out of hand and turn physical. Physical abuse between husbands and wives is never acceptable in Utah. Domestic violence is serious and protections are available for those living in fear of physical or emotional abuse.

According the Ogden, Utah Police Department and local women’s shelters, incidents of domestic violence seem to be increasing. They say more education and further prevention methods are necessary to stop this increase. Last year, the Ogden Police Department had 32 cases of domestic violence during the month of August. This year, that number rose to 44 by month end.

Furthermore, a local women’s shelter has reported that it has had to turn away 45 people — both adults and children — during the month of August because it had reached its capacity of 30 people. This women’s shelter also alleges that there are many more cases of abuse than police are seeing since it averages about four calls a day to its domestic abuse hotline.

In Utah, in order for police to arrest someone for domestic violence, the police need to identify who the primary aggressor was in the fight. Police do this by listening to each party’s story, examining the physical evidence and looking for other signs of abuse. This is not a perfect science and mistakes can be made resulting in people being falsely accused of abuse. Furthermore, when police can’t determine who the primary aggressor was, then the abuser may not be arrested at all.

It is important for people in and around Salt Lake City to understand that they have legal options after a domestic violence incident. There are ways for those who have been falsely accused to clear their name and return to normal life, and there are ways for people to protect themselves from abusers. Taking the correct legal steps is often essential in protecting people and their families.

Free Consultation with a Utah Divorce Attorney

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you. Call now.