DivorceAttorneyHome.com >> Divorce Blog >> September 10, 2010

February 25, 2009

Common Law Marriage

Filed under: Divorce by Divorce Helper @ 10:27 am

Most everyone has heard the term “Common Law Marriage,” but few know what it means exactly. Common law marriage is a marriage that exists not because of a religious or civil ceremony, but by mutual agreement between a man and a woman by the fact of their cohabitation. Currently no state recognizes common law marriages between two people of the same sex.

Some states legally recognize common law marriages within their state. According to FamilyAttorneyHome.com, Texas, Iowa, Montana, South Carolina, Alabama, Kansas, Colorado, Rhode Island, Oklahoma and the District of Columbia recognize common law unions.

Due to fraud, some states have abolished common law marriages. Some states have grandfathered in recognition for common law unions entered into before a certain date. Georgia, Pennsylvania, Ohio, Idaho and Oklahoma are among the states that have such laws. In Pennsylvania, no common law marriages are valid if established after January 1, 2005. In the state of Utah the marriage must be validated by a court or other legal order.

A couple considered married under common law, in their state of residence, is considered married in all 50 states.

While it is simple to get into a common law marriage in those states mentioned, there is no such thing as a common law divorce. Once the marriage is legally established, a court order is required to dissolve the marriage.

February 4, 2009

Child Support Negotiation: 12 Things To Consider

Filed under: Divorce by Divorce Helper @ 3:44 pm

Making sure that your children are taken care of is a priority to most parents. There are many things that you need to consider when you negotiate child support payments during your divorce.

Here is a checklist of 12 issues that you should think about when negotiating child support:

  1. Income potential of each parent
  2. Physical custody arrangements
  3. Professional psychological counseling that may be necessary
  4. Any special needs of your children
  5. Extra-curricular activities and fees
  6. Other support obligations to a former household, including alimony
  7. A parent’s extraordinary needs, such as medical expenses
  8. The intentional reduction, suppression or hiding of income of the other parent
  9. Travel expenses required for custodial time with one parent
  10. Other support given, such as alimony, lump sum payments or medical payments
  11. How the child support payments will be secured, including a requirement of life or disability insurance
  12. Employee benefits, medical saving plans, cost and quality of dental, medical and/or life insurance

Divorce is not an easy process. It can be financially and emotionally draining. If children are involved, the emotional toll can be that much higher for both the parents and the child. Having a good divorce attorney to negotiate the settlement and child support arrangements can help protect the interest of you and your children.