Law

Common-Law Marriage Issues For Divorced Women

270Views

Married Couples are often very stressed out. Unfortunately, they tend to suffer more when their partners do not have the same sense of fulfillment they once did. Many times in a marriage, the efforts of one spouse tends to dominate those of the other, resulting in both partners constantly feeling lost and frustrated. These stresses can lead to many marital problems such as: depression, less intimacy, and less communication with each other. When a couple suffers from these types of issues, it is important that they try to solve them as quickly as possible.

One of the most common problems among married couples is a lack of intimacy. Married couples are frequently hit by a recession that has nearly tanked the economy, caused millions of people to lose their jobs, thrown tens of millions of people out of work, and taken the lives of millions more. All of this effected not only one person in a relationship, but both spouses. One spouse’s lack of interest or involvement can result in arguments and even breakups. On the other hand, if one person has lost interest in the marriage, it can make it virtually impossible for the other spouse to feel connected or emotionally involved in the marriage any longer.

In order to resolve this problem, the couple must first determine who is legally entitled to be the wife or husband in a given marriage. This can be one of many high blood pressure implications, and while it is not a necessity to prove that the other spouse is not financially, physically, or legally responsible to the marriage, it is always wise to put these matters up for discussion at the marriage license hearing. If the state law allows for a trial to determine who is legally defined as the wife or husband, then the trial will usually include both spouses.

Often, when there is more than one wife, a married couple is not actually legally divorced. For instance, a wife and husband may share property jointly, yet still technically be married. The reason for this is that this type of marriage is considered to be “common-law” under public policy, and the term “fault” is commonly used to describe when one spouse causes the other party to be wrongfully injured. Therefore, although no formal paperwork is involved, if one party is injured, the state will typically seek out damages for that injury regardless of which spouse was at fault. One spouse filing for divorce would simply mean that the state needed proof that the marriage had been terminated by mutual consent, and that the injured spouse consented to that termination.

Public policy also often refers to desertion. A person can technically be married and yet be deserting their spouse by living with someone else. Although this is an extremely uncommon occurrence, it is well within the realm of divorce in many states. In some cases, the state will opt not to let the Desertion issue go to trial, in which case a divorce and dissolution will likely follow.

The above examples are all just examples. In any case, when one party is clearly at fault for a divorce, they will almost certainly be seeking some sort of financial compensation for their wrongdoing. It is not uncommon for a wife to file for divorce with her husband even if they both still love each other, simply as a means of getting a divorce and starting over. As such, it is important that anyone who is involved in a common-law marriage understand how important filing for divorce is, because doing so will likely have very negative consequences for them, their children, and their community. If you think that your marriage is heading towards a divorce, seek professional help today!

Eric Lilly
the authorEric Lilly