Month: May 2023

All About Common Law Marriage

Common law marriage is something that gets referenced frequently but is not recognized in many states. This type of union happens when two people live together and claim for the world to be married, but never go through a formal ceremony. There are certain requirements that they have to fulfill, and the rules vary from state to state. People in this type of marriage still retain all of the rights of a married couple and have to file for divorce if they decide to end their relationship. If you are interested in marrying in common law, speak to an experienced family attorney in your state to determine if it’s a possibility.

All About Common Law Marriage: Is It Legal Everywhere?

What Is It?

Common law marriage is a union between two people who are living together and representing themselves as husband and wife without going through a formal marriage ceremony. These unions were popular long ago when rural areas didn’t have as many churches or government buildings. Especially in states where the population was low. However, now that most people have easy access to government offices, most states do not recognize them.

Where Is It Legal?

Most states do not legally recognize couples who are married in common law. Only ten states, plus D.C. allow them. These are Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah. However, some states, like South Carolina no longer allow these marriages to form. They will recognize an already established common-law marriage, but this is not an option available to couples moving forward.

Requirements

You can’t accidentally marry somebody in common law just because you live with them. There are several requirements for a common-law marriage, that vary from state to state. A couple must be living together, although the length of time varies. Additionally, they must both be of sound mind and legally able to get married. Finally, you must hold yourselves out to others as a married couple, and represent as spouses in public.

Divorce

A common-law marriage is just as legally binding as a typical marriage. It comes with the same rights and privileges for spouses. And just like an official marriage, the only way to end one is through divorce. The divorce process is similar to a typical divorce; spouses must split up assets and deal with issues like custody and spousal support payments.

Common law marriage was very popular at one time but is slowly fading out of existence in our country. Now that most people have access to government offices where they can legally obtain marriage licenses, many states no longer recognize non-official marriages. However, there are still a few loopholes in states where you can marry your partner in common law. The requirements vary from place to place, especially with the amount of time you must live together. But typically, this type of marriage requires that you cohabitate, that you’re legally able to marry, and that you present to the world as a married couple. Similarly to an official marriage, you must go through the divorce process to end a common law relationship. If you have questions about common-law marriage in your state, seek the advice of an experienced attorney.

Covid-Related Divorce

Now that the Covid-19 epidemic is passing, we are still understanding the deep effects it had on society, like the Covid-related divorce rate. The pandemic was incredibly stressful on relationships of all kinds, but especially marriages. The uncertainty of the sickness mixed with quarantine protocols created a lot of anxiety for households around the world. If you are still feeling the effects of the pandemic, it’s time to begin moving on with your marriage. Build back and re-strengthen it so that if there is another life-changing event, you’ll be even more prepared in the future.

Covid-Related Divorce: Why the Pandemic Was Hard on Marriages

Why Covid Was Tough on Marriage

There are several reasons why there was an uptick in Covid-related divorce during the pandemic. First of all, many couples faced a lot of fear and uncertainty about their health. The political strife that accompanied the epidemic was also a source of controversy for many families.

Effects of Quarantine

Quarantine also had a large effect on Covid-related divorce rates. Many states went into lockdown, meaning that couples were no longer able to be around friends or family. And for many parents, this meant homeschooling and a lack of daycare. Being stuck together around the clock can put a lot of pressure on a relationship. And many couples faced stress because of their home-work-childcare balance is completely out of sync.

Getting Back on Track

If your marriage took a hit during the pandemic, you aren’t alone. Covid-related divorces are quite common, and even couples that made it through the pandemic together probably faced some stress. Now is the time to work on building back that relationship. Seek out counseling for any unresolved conflict, and try to take some quality time for yourselves.

Strengthening Your Marriage

While none of us want to think about the possibility of another pandemic hitting, chances are, this won’t be the last epidemic. Make sure that your marriage can withstand another stressful event by putting in the work now. The more you lay a strong foundation for your relationship, the better off you will be when tough times hit. For example, work on communication and conflict resolution. Tackle things like sharing the mental load of parenting. And find time to connect to one another without distractions.

While we are still reeling from the after-effects of the pandemic, we know that Covid-related divorce is an unfortunate reality for many couples. The pandemic was tough on everybody as we watched the entire world we know to shut down and change. And quarantine protocols put even more pressure on family units. Many couples saw an increase in conflict and stress in their marriage. Especially parents who were facing things like school shut-downs, daycare closings, and home-schooling. If your marriage is still feeling the after-effects of Covid, now is the time to try to rebuild your relationship. Hopefully, that way, you’ll be even more prepared in the future to face obstacles together as a team.

Deciding On a Legal Guardian

If you have young children, deciding on a legal guardian should be an integral part of your estate-planning process. If either you or their other parent passes away, the other parent would still raise your kids. But what happens if both parents are in an accident? While nobody likes to think about the possibility, it is important to assign a legal guardian to your will. This is the person you task with raising your children if you and your spouse die unexpectedly or are otherwise incapacitated. It’s a big decision and one that you need to carefully consider. You might debate between your parents, your siblings, or even friends. However, there are important factors to think about no matter who you pick. While it’s unpleasant to think about, knowing that you have a legal guardian appointed in your will might give you peace of mind.

Deciding On a Legal Guardian: Different Options

Grandparents

When deciding on a legal guardian, many people go straight to their parents as a choice. However, there are some things to consider. For example, they’ll need to be physically fit and healthy enough to handle young children. Think about them. age and whether or not you feel confident that they will remain in good health while raising their grandchildren.

Aunts and Uncles

Another popular option when deciding on a legal guardian is your siblings. One positive of this is that your children will still be able to maintain close relationships with their families. For example, grandparents and extended family. Additionally, your siblings might have similar core values to you and your spouse. Hopefully, this means that they’ll respect your wishes for how you’d like your children brought up.

Friends

If you don’t have siblings or don’t have siblings that you feel would be a good fit, you can assign friends as legal guardians of your children. Like siblings, it’s important to take into account their values and whether or not they’ll raise your children in a way that you approve of. Additionally, raising kids is expensive, so you’ll want to make sure that it is financially feasible to ask them to take on this responsibility.

Things to Keep in Mind

When deciding on a legal guardian for your kids, there are many things to consider. You’ll want to make sure that whomever you pick has the emotional and financial capacity to take this on. You might also want to consider their support system. They’ll need all the help they can get adjusting to life as new parents while dealing with the grief of losing you. This decision is yours alone, so don’t let others pressure you. The decision has to be right for you and your spouse.

Deciding on a legal guardian for your kids can be a difficult task. There are a lot of things to think about when making such a huge decision. You’ll want to choose somebody that you feel comfortable with, and somebody you trust to raise your kids. But they also must have the financial means and emotional capacity to take this on. When thinking about who to pick, you might consider your parents, your siblings, or friends. The fit has to feel right for you and your spouse. Additionally, it’s a good idea to speak with whoever you choose and make sure that they are comfortable having this potential responsibility. While you hope that you never actually have to give another person the task of raising your children, it can give you peace of mind knowing they’ll be in good hands if the unexpected should happen.