Common-Law Marriage

    DALLAS, TX, April 15, 2012 /24-7PressRelease/ -- Black's Law Dictionary states common-law marriage is "a positive mutual agreement, permanent and exclusive of all others, to enter into a marriage relationship, cohabitation sufficient to warrant a fulfillment of necessary relationship of man and wife, and an assumption of marital duties and obligations." In lay terms, this means that when two people have not signed a marriage license but consider themselves married and introduce one another as "husband" and "wife," they may enjoy the same privileges as married couples.

Currently only nine states acknowledge common-law marriage. These states are Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma and Texas. An additional five states, Georgia, Idaho, Ohio, Oklahoma and Pennsylvania, acknowledge common-law marriage providing it took place prior to modern domestic relations statutes.

Common-Law Divorce

Even though a common-law marriage does not require the signing of a marriage license, it is considered a contractual agreement. This means that a common-law marriage must be dissolved through the courts with a typical divorce proceeding.
A divorce proceeding will include considerations such as:

- Property division
- Debt distribution
- Child custody
- Child support
- Alimony

It is uncommon for common-law marriages to involve a prenuptial agreement and, in the absence of such a document, determinations in a divorce proceeding will be made by the court. During any divorce, it is vital that you have an attorney on your side to help ensure you are treated fairly and provided with a settlement that protects your interests.

A family law attorney may be necessary for some divorces, but in many instances a contract attorney will be more effective. A contract attorney will be able to assess all aspects of your divorce and help you fight for what you are rightfully entitled to. Because divorce can be a contentious and emotionally difficult process, having an attorney on your side who is not involved in the intimate details of your separation will be essential to making sure you do not make decisions that can come back to haunt you. A good contract attorney will even be able to act as a mediator in common-law divorce disputes and help both parties reach an agreement that serves the best interests of everyone involved.

If you are involved in a divorce proceeding in North Texas, please visit the website of the Dallas contract attorneys at Polewski Law, P.C. for more information about how we can help during this difficult process at www.polewskilaw.com.

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