Simply put, if a common law marriage from another state is valid in North Carolina, then the parties to a divorce in this state can apply North Carolina laws regarding spousal support and equitable distribution in the event at least one party meets the six-month jurisdictional requirement.
Are Common Law Marriages Legal in North Carolina?
While common law marriage may seem like an attractive alternative as one need not meet any government licensing requirements , court interaction is very likely unavoidable when seeking a divorce. There are many more complexities involved in parting than in the initial union.
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For example, states that recognize common law marriage often do not recognize common law divorce. One is expected to go through the same divorce process as traditionally married couples. If North Carolina residents are the parties to a common law marriage established in another state, the couple must divorce before either party can remarry.
If you live in North Carolina and established a common law marriage in another state that you now wish to dissolve, contact a North Carolina family law attorney for clarification and assistance. If there is a recognition of a marriage, each spouse can reap the benefits of getting what they have invested into the relationship.
The benefits can come in the form of alimony, property distribution, and standard of living considerations. In the same respect, if one spouse dies, recognition of the relationship as a marriage will entitle the surviving spouse to property under probate law in the case the deceased spouse did not leave a will. Again, although a couple cannot commence a common law marriage in North Carolina, it is important for them to know that North Carolina law will honor valid common law marriage arising in another state.
The value of understanding the nuances of this law, can make a world of difference.
North Carolina Marriage
We have our experienced attorneys on-hand to provide you with quality legal representation. Contact us for your consultation. North Carolina Family Law Updates. Common Law Marriages A common law marriage is a legally recognized marriage that is permitted in certain jurisdictions and does not require a license or a ceremony.
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The Benefits of Having Common Law Marriage Recognized The recognition of a common law marriage seems to become a crucial sticking point when the marriage ends, rather than during the marriage. Do You Need Legal Assistance? Facebook Fill 25 Created with Sketch. Twitter Pinterest. Domestic Violence. Child Custody.
Common Law Marriage in North Carolina
Child Support. Spousal Support.
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