Continue reading about common-law marriages in Utah below.

Utah and Common Law Marriages

Utah does not have common law marriages (in fact, there are only a few states that recognize common-law marriages). Utah does, however, allow a person to petition the court to acknowledge their relationship as a marriage even though they do not have a marriage license. Recognition of the relationship may be requested at the end (or within a year of its end). Also, a petition to recognize the relationship can be filed during the relationship. 

Recognition Requirements

For Utah to recognize your relationship as a marriage, either partner must prove the following to the court:

• Both partners are of legal age 
• Both partners consent (this means both parties agree that their relationship is a marriage)
• Parties have lived together for a considerable amount of time
• Both partners treat one another as spouses
• Both partners present themselves to others as a married couple
• Both partners can enter a marriage without legal complications

Evidence of Consent

As previously mentioned, both partners are required to give consent for the court to recognize their relationship as a marriage. Moreover, they will need to supply evidence that supports their consent. The following list may prove consent:

• A written agreement
• Testimony of people present when the agreement to take on marital duties was made
• Use of joint bank or credit accounts
• Joint purchase and ownership of property
• Filing taxes jointly
• and more

Benefits of Utah Court Recognition 

There are a handful of reasons it is beneficial to have the court recognize your long-term relationship as a marriage. Married couples enjoy the many benefits of a legal marriage, including tax breaks, inheritance and survivor rights, spousal Social Security benefits, and more. As soon as the court determines that marriage exists, spouses will enjoy and have access to all of the benefits that come with marriage. Additionally, they will have legal divorce-related protections if the couple chooses to separate, including:

• Division of property
• Alimony or spousal support
• Portions of pensions or retirement benefits
• and any other rights, benefits, and protections given to a divorcing couple

Contact The Ault Firm

There are always complications when a long-term relationship ends, especially because Utah does not have any common law marriage laws on the books. It helps to have a knowledgeable attorney on your side that can petition the Utah court to recognize your relationship and protect your rights, children, and assets. If you are in the Salt Lake City or West Jordan areas and need representation, call the professionals at The Ault Firm to schedule a consultation today.

The post Common Law Marriage in Utah appeared first on The Ault Firm, P.C..

Traditional marriage versus alternative option in Utah

There are those couples that wish to be traditionally married, which means applying for a marriage license and completing the ceremony. The ceremony must be performed by a minister or qualifying individual. Once these steps are taken, the couple is officially married and entitled to receive federal and state marital benefits such as tax deductions, Social Security benefits, inheritance rights, and immigration benefits for the foreign spouse.

Couples who have lived together for a period of time in Utah, can request their relationship to be recognized as a marriage. In other words, you can be officially married after you file a written request at the local court. The petition can only be filed during the relationship or one year after a separation. The couple is officially married after the judge grants the approval. However, the marriage is backdated to the time when they started their relationship. This process is supposed to help recognize the relationship as a marriage. It has nothing to do with common law, which is nonexistent in Utah. It can be very helpful during divorce proceedings with specific factors such as spousal support, property division, and so on.

Establishing the marriage

Both partners are legally entitled to request the judge recognizes their relationship as a marriage. However, you must present the required evidence. A Salt Lake City common law marriage attorney can help you gather all the information you need and make sure it is filed accordingly and in a timely manner. Some things you will need to prove, include:

· Partners are of legal age
· Legally qualified to be married
· They have lived together
· They have treated each other as husband and wife

As long as the court approves the evidence provided, the couple’s request can be granted and they can finally be declared legally married. This petition can be filed in a local court. If the relationship began prior to 1987, the couple can’t file for divorce since divorce was not a legal option at the time in the state of Utah.

Both partners must consent

In order for the request to be granted, both partners must agree that the union is a marriage. Some ways to do this, include:

· Written agreement
· Prove of joint finances
· Filing taxes jointly
· Any other legal document that proves the relationship is valid

Benefits of marriage

Couples who have their relationship recognized can enjoy a variety of benefits. To find out more about whether your relationship qualifies for a marriage in Utah, call us today and schedule your initial case assessment with a Salt Lake City family law attorney.

The post The Basics Of Common Law Marriage appeared first on The Ault Firm, P.C..

Recognizing your relationship

You can petition the court to recognize your relationship in Utah, even if you never had a ceremony. Some of the most common reasons for this to happen is when couples end their relationship and they want to divide their property fairly. Other times, couples like to claim retirement or insurance benefits. As long as the court approves it, couples are considered married if they meet the following requirements:

• Legal age and consent.
• Couple can enter a solemnized marriage without any family issues that prevent their union.
• They have lived together and they treat each other as being married.
• People believe they are married.

You must file a petition to have your marriage recognized during the relationship or one year after it ended. Either party or a next of kin may be authorized to file the petition.

Filing a divorce petition

The petition to establish the marriage, as well as your divorce petition, can be filed together. Sometimes couples need to divide their marital property but they can’t-do so unless their relationship has already been recognized. A divorce is also a very helpful way to deal with child custody and child support issues. Nevertheless, you can also petition to establish parentage, even if you never got married. Salt Lake City common law marriage Christopher M. Ault will help you decide whether establishing your relationship is the best legal route to take at this point. Every case is unique therefore we need to take a closer look at your current circumstances.

Understanding your legal rights

People who have been living together for a long time may not understand their legal rights. By establishing your marriage, you may claim some legal rights like other married couples. Unfortunately, couples who cohabitate don’t discuss this topic until it’s time to end the relationship and important issues such as alimony, real estate, and child support tend to arise. The only way for the court to divide these assets fairly is after the common law marriage has been established.

Whether you are married or not, we understand it’s difficult ending a relationship. If you have been living together and you would like to recognize the existence of your relationship, contact us today and schedule your initial case evaluation. Unless you establish your relationship, you may not have a chance of dividing your property and solving child custody issues. A common law marriage divorce can be more challenging than a traditional marriage unless you have an experienced family law attorney guiding you every step of the way.

The post Common law marriage in Utah appeared first on The Ault Firm, P.C..

Matrimonial Home

The matrimonial home is one of the biggest assets to be divided. For married spouses, the home will be divided equally and both spouses will have the right to live in the home. For unmarried spouses, the property goes to the spouse whose name is on the home or lease. Common law marriages do complicate things since there needs to be an understanding between both parties that they are “married”, they present themselves as married and have been living together for several years. There is no legally binding document to be signed by both parties.

Debts and Loans

Paying debts is sometimes tricky because one spouse may have acquired a debt in order to pay for repairs on the home that they both share. Both names are not on the debt but both parties did benefit from it. Credit agencies and lenders will not go after you if you simply share a home with your partner. In their eyes, you are two separate people and will be treated as such. This means you are not liable for their debt and they aren’t liable for yours. Whenever you are going to accumulate debt or combine accounts have an honest and clear cut discussion about how the debt will be paid and who is responsible. If you can both put it in writing even better as this allows both of you to have an agreed upon the statement and if things go south you both have a reference to what was previously agreed on. Thi can also apply for loans between common law spouses. If you are lending your boyfriend, common law spouse or marital spouse you need to have an agreement and understanding. Money is one of the biggest reasons why couples separate and can sometimes be avoided by having a repayment plan and a common agreement between you both. No, this is not the most romantic situation but it is the smart decision that will protect you in the long run.

How an Attorney can help?

A Salt Lake City common law marriage attorney can help you regain any debts owed to you and properly divide your assets and property. The end of any relationship is tragic and when you add money to the mix, it becomes even more stressful. We can help protect your rights during a common law marriage separation.

The post My common law spouse owes me money appeared first on The Ault Firm, P.C..

Petitioning the Court

Utah does not have laws on the books regarding common law marriage but couples can petition the court to recognize the relationship as a marriage. This does not require a legal license. Petitioning the court to recognize your common law marriage has its benefits. If he relationship were to end, you are both protected from any repercussions. There are few states that have official laws in place for common law marriages but most recognize common law marriages from other states. Others, like Utah, allow couples to petition the court to recognize their common law marriage.

Proof of Common Law Marriage

There are a few requirements to have your marriage be recognized. Both parties need to be of legal and in sound mind to provide consent. The couple must be residing together for a predetermined amount of time, typically five years. Living together symbolizes many things for couples like taking the next step in their relationship. You can live with someone for as long as you want and not be considered spouses. The key component is that both parties need to treat each other as spouses. The couple must also present each other to third parties as husband or wife. On the legal front, the couple must be capable of entering marriage without any legal obstacles.

How a Salt Lake City Common Law Marriage Attorney can help

An experienced Salt Lake City common law marriage attorney can first educate couples about their rights and forms of protection. The Ault Firm can help with issues concerning child support, child custody, military benefits along with the division of assets and property. Couples may think that should their relationship come to an end it will be easy to take what is theirs and move on. Usually, when the end of a relationship comes, people exhibit a different side of them and that tends to lead to problems. It is always safe to look out for your best interests regardless of how much you may be in love. You never know what can happen during an argument that leaves all the broken pieces on the floor.

The post I Don’t Want to be Married. Is a Common Law Marriage an Option? appeared first on The Ault Firm, P.C..

How Common Law Marriage in Utah is Determined

In any long-term relationship, couples will share many things. People involved in common law marriages have the same issues as conventional marriage. The division of property, child custody and visitation are some of the most important.

To prove a common law marriage existed, couples must prove the following:

• Both parties must be of legal age of consent
• Both parties must live together
• Both parties must be capable of entering a legal marriage under the provisions of Utah family law
• Both parties have mutually assumed marital obligations, rights, and duties
• Both parties have established a reputation as husband and wife

Utah family law can sometimes get complicated. Having the right Salt Lake City divorce attorney can be an invaluable asset. When it comes to ending a common law marriage, a highly skilled and knowledgeable lawyer can effectively negotiate on behalf of the client and provide proper documentation to prove their case. Having the right divorce attorney on your side can help the court determine the establishment of the common law marriage.

The Importance of Properly Understanding Your Legal Rights

Many people who cohabitate in long-term relationships do not properly understand their legal rights. By proving the existence of a common law marriage, each party is provided certain legal rights, similar to couples in conventional marriages. In many cases, these rights are rarely brought up until it is time to end the relationship. But when it’s time to settle issues, such as unresolved debts, alimony, personal property, real estate and child custody, the court can only divide these assets equally if common law marriage is established.

Timing Is Everything

Ending a common law marriage in Utah isn’t always easy. It is important to petition the court to recognize the existence of the relationship. It should also be done within one year of the end of the relationship. Should you wait too long, the court may not recognize the common law marriage. Any chance of successfully dividing property, child custody or assets many never become a reality.

A Salt Lake City Divorce Attorney Can Help

Conventional divorce is never easy. But when a couple has lived together in a common law marriage, it can get even more complicated. Fortunately, there are solutions. Salt Lake City divorce attorney Christopher M. Ault understands many of the challenges and obstacles facing couples who are in a long-term relationship and share property and children. He and his legal team at The Ault Firm, P.C. can help provide a variety of family law solutions to protect your rights and interests. To learn more, contact their law office today and schedule a consultation to discuss your case.

The post Why Common Law Marriage is Complicated in Utah appeared first on The Ault Firm, P.C..