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What Is Common Law Divorce?

Posted by Unknown | Sep 26, 2021 | 0 Comments

what is common law divorce

If you are searching for ‘what is common law divorce', look no further Drama Free Divorce is dedicated to providing comprehensive answers to all your queries. What sets us apart from our competition is our commitment to affordability; offering flexible financing options starting as low as $500 per month for anyone in Kansas City, Missouri or Kansas. Our transparent pricing ensures no hidden surprises throughout the process - giving you peace of mind! Say goodbye to stressful court appearances which typically are unnecessary under our approach; at Drama Free Divorce we understand the emotional struggles you may be experiencing, which is why our team of compassionate lawyers is here for support during this trying time.

Are you curious about Common-Law Divorce? In this article, we'll cover all aspects of common law marriages including whether divorce is necessary and the potential risks involved as well as why hiring an attorney could be advantageous. We will also offer guidance on when and why to seek legal advice as well as tips for finding reliable representation from our firm. Let's dive deeper into common-law divorce and learn how to navigate its processes effectively!


What Is Common Law Divorce?

Common law marriage refers to any union in which two people live together and present themselves as married without formal ceremonies or registration with authorities. While requirements can differ depending on where you reside, common law marriage generally involves a mutual agreement to become married and cohabitation followed by the public acknowledgment of marital status by both partners.


Does a Common Law Marriage require Divorce?

Yes, dissolving a common-law marriage typically necessitates legal proceedings to dissolve it. Even though the initial union occurred without a formal ceremony, formalizing its end typically necessitates legal processes to legally end the union and any failure to do so could have serious repercussions - financial strain and ongoing legal obligations may occur without getting divorced first.


What are the hidden risks associated with ending Common Law Marriages?

Dissolving any marriage can be a complex and emotionally wrenching experience; common-law marriages are no exception. Some potential risks associated with dissolving such an alliance include:

  • Dividing Assets and Debts: Without an official marriage contract in place, dividing shared assets and debts may prove challenging. Without legally-binding guidelines in place to guide this process, conflicts could arise regarding property ownership and financial responsibilities.
  • Custody and Support: For couples with children, determining custody and support arrangements can become contentious without the guidance of traditional marriage laws.
  • Inheritance Rights: Common law spouses may face difficulty when trying to claim inheritance rights if their partner dies without leaving a will behind, necessitating legal intervention to safeguard their interests.


Why hiring a divorce attorney is beneficial?

Although some couples may attempt a no-fault divorce on their own, consulting with a divorce attorney offers several advantages:

  • Knowledge and Experience: Divorce attorneys specialize in family law and have an in-depth knowledge of legal processes, rights, and responsibilities involved with divorce. They can guide you through this complex process to ensure your interests are safeguarded during this process.
  • Emotion-Free Advice: Emotions may run high during a divorce process, clouding judgment and decision-making abilities. An experienced divorce attorney offers impartial guidance based on their knowledge and expertise.
  • Negotiation and Mediation: Hiring an experienced divorce attorney as your mediator can act as an invaluable asset in defusing conflicts and increasing the chance of reaching a fair agreement between both parties.
  • Legal Documentation: Divorce requires extensive paperwork and legal documents that should be prepared accurately and submitted within their designated timelines. Consulting an attorney is vital in making sure this process runs smoothly.


When is it appropriate to hire an attorney?

Determining when it is best for you to hire a divorce attorney depends on the complexity of your situation and your comfort in managing legal matters on your own. In general, however, legal assistance should be sought in certain circumstances such as:

  • Disagreements and Disputes: If disagreements between you and your spouse cannot be resolved on major issues such as property division, child custody arrangements or spousal support payments, legal advice should be sought to assist in reaching an amicable solution.
  • Complex Financial Matters: For marital assets of significant value or those that involve intricate financial arrangements, an attorney is an invaluable asset in safeguarding their interests and protecting your best interests.
  • Domestic Violence or Abuse: If domestic violence or abuse threatens your safety or that of your children, involving a legal professional who can guide the process and ensure your protection can be essential.


What criteria must be met when locating an attorney?

Discovering the right divorce attorney is integral to reaching a positive resolution of a separation. Here are some criteria you should keep in mind when making this selection:

  • Experience: When hiring an attorney to represent your family or divorce case, look for one with extensive knowledge of local laws and procedures relevant to your area of jurisdiction.
  • Communication Skills: A good attorney must possess excellent communicative abilities, actively listening to your concerns while clearly outlining all legal aspects of your case in an understandable manner.
  • Reputation and References: Seek personal recommendations from trusted sources, such as friends, family, or other professionals. In addition, consider researching reviews and testimonials online in order to assess an attorney's reputation.
  • Compatibility: Finding an attorney that you feel at ease with and who has your trust is absolutely key when going through the divorce process. Your confidence must rest with them as well as any advice given during that process.


Why choose Drama Free Divorce?

At Drama Free Divorce, we understand the delicate complexities and delicate circumstances involved with common-law divorce. Our team of highly-skilled divorce attorneys is committed to providing personalized legal representation tailored specifically to your circumstances - that's what sets us apart:

  • Experience: Our family law attorneys specialize in handling common-law divorce cases with precision. We remain informed on all relevant legal developments to provide our clients with optimal outcomes.
  • Client-Centered Approach: At our firm, we put you first, prioritizing your needs and concerns while offering personalized assistance throughout the divorce process. Our team is committed to maintaining open lines of communication while leading you through each step with care and expertise.
  • Successful Track Record: Over the years, we have helped numerous clients obtain favorable resolutions in their common-law divorce proceedings. This success speaks for itself as evidence of our dedication, professionalism and commitment to client satisfaction.
  • Testimonials and Referrals: Many satisfied clients have shared their positive experiences with our firm, giving us confidence in both our abilities and service quality. Upon request, references or testimonials may be provided as evidence to back this claim up.


Suggested Action Steps

  • Research the laws pertaining to common-law marriage in your jurisdiction.
  • Once that has been accomplished, evaluate your relationship to see if it meets the criteria of common-law marriage and consult a divorce attorney on legal obligations and options available to you.
  • Gather documents related to property, finances and children as you prepare for divorce proceedings.
  • Explore mediation and negotiation strategies with your spouse so you can reach agreements on major issues quickly.
  • Hire the services of an experienced divorce attorney specializing in common law divorces and collaborate closely with them by sharing all relevant information about your case and being actively engaged in its resolution.
  • Be kind and supportive to yourself emotionally by reaching out for support from friends, family, or therapists if necessary.
  • Keep open communication lines between yourself and your spouse as much as possible to facilitate amicable solutions where applicable.
  • Prioritize self-care during this difficult period by prioritizing your well-being and future prospects.

Navigating a common law divorce can be a complex and emotional journey. By seeking legal guidance, understanding your rights and responsibilities, and taking proactive steps towards resolution, you can strive towards an amicable settlement. Every divorce situation differs; therefore the advice in this article should only serve as an overview. For tailored assistance tailored specifically towards your needs consult a qualified divorce attorney who can offer tailored guidance based on individual circumstances. Contact us today at 816 615-5555 or send us an email on our Contact Page.

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