The specter of common law marriage seems to carry as many myths as it does actual facts. It may be surprising for some people to learn that common law marriage does, in fact, exist in some states, but that being granted the legal status of common law married is far from easy or simple. Many people are certain that simply living together for a certain period of time is enough to call yourself common law married, but in fact domestic domicile is only one of many qualifications that make a common law marriage.
When faced with divorce and child custody issues you and your spouse have essentially two options: you can come to an agreement together about custody and visitation or you can let the court decide for you. Unfortunately, you may be perfectly willing to come to an equitable agreement when your spouse isn't. In those situations, the services of a child custody evaluator might be necessary. This is what you should know about child custody evaluators and how to handle the process.
The end of a marriage is certain to be a difficult time. You may experience some financial and emotional challenges during this time. Being able for two people always to agree on everything can be problematic in a marriage. If your marriage is going badly and you think that divorce may be your best option, it's ideal to know the right type to select
Contested divorce
If one of the spouses wants to end the marriage and the other one doesn't, you may need to consider getting a contested divorce.
A conservator is someone who has been granted the rights to take care of another adult. This involves having control over medical and living conditions. A conservator is typically granted when the adult is no longer able to care for themselves. Conservators are commonly granted in cases involving dementia and other mental diseases. If the adult is married, the conservator is naturally expected to be the person's spouse. However, there are cases in which the spouse refuses to care for the adult.
Divorce is rarely pretty, especially when it comes time to divide the marital assets. If you or your spouse has a 401k retirement plan, the funds that have accumulated are fair game for the settlement. You have legal claim to your spouse's retirement funds, just as he or she has legal claim to yours. The best way to reach an equitable agreement where retirement funds are concerned is to do your research ahead of time so you have a clear understanding of the rules and regulations regarding splitting up a 401k in the event of a divorce:
