Thanks for coming back to visit us to learn about divorce in Utah.
Yesterday, I was asked the question: How Do I File for Divorce From a Common Law Marriage in Utah?
In order to properly answer this question, we need to be very extensive because in order to get divorced, you have to be married. Let me explain:
There is no such thing as a common law marriage in Utah. It simply doesn’t exist. However, you can file a case in Utah and ask the court to make a decision that you have entered into a marriage-like relationship. In order to do that, you need to provide evidence to the court that you are in fact, in a marriage like relationship. This means that you have commingled your assets. You have purchased a home together for example. You have put each other on your bank accounts. You have joint cars. You are both on your phone bill and cable bills. You tell other people that you are married. You both wear wedding rings. There are many other things that you can do to show the court that you have a marriage like relationship.
Once the court enters an order that you have a marriage like relationship and orders that your relationship is a marriage, then you can proceed in court to have assets divided up, child custody and child support awarded, alimony or spousal support awarded and any other issue that would be determined in a regular divorce case.
Retirement assets, investment accounts, business ownership, and all other types of assets would also be subject to a determination that you were in a marriage like relationship. Debts would also be covered in this type of proceeding. Credit cards would need to be divided up, medical bills, dental bills, car loans, etc. would all needed to be extinguished by the parties through this divorce process.
Even though the term common law marriage does not exist in Utah – there is a marriage like relationship which the Utah courts to recognize if you have evidence of it and you can get divorced under these circumstances.
If you are ready to get a “common law” divorce, please give our office a call 801-676-5506. We would love to be able to assist you in this and all of your family law related matters.
I hope you have found this article informative.
Thanks for visiting.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875