What is Common Law Marriage in Utah? 801-676-739 Attorney Rush explains

What Is Common Law Marriage In Utah? 801-676-739 Attorney Rush Explains

 

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Common Law Marital Relationship in Utah

Exists such a thing as a "common law marital relationship" in the State of Utah?

Well, no and yes. It's a little complicated. Let me describe.

First, unless you have had a wedding, you are not wed. Just living with someone for several years does not make you couple under Utah law.

Second, in order to have a court in Utah acknowledge your relationship as a marriage, although you never really went through a marriage ceremony, you have to fulfill some very specific conditions and provide proof of them to the court.

To show that you have actually remained in a marriage relationship (despite the fact that no ceremony really existed) you need to reveal that you were of the legal age to provide grant be wed. Minors can not wed in Utah unless they have either both parents' consent or a minimum of one parent's authorization after a particular age. For instance, a 9 years of age child can not enter into a marriage. Nevertheless, if you were 18 years of ages or older when you began your relationship and you have proof of this, then you might satisfy this requirement.

Next, you need to reveal evidence in court that you had the ability to legally solemnize a marriage. This essentially suggests that you were not bother and sister or some other relationship that would prevent you from legally weding each other.

You need to show that you have cohabited which you have held yourself and your partner out as being really wed. Some evidence of this would consist of both of you being on utility bills jointly; having both of your names on banking accounts; being noted as wed on health insurance policies or cars and truck insurance coverage. Did you submit joint income tax return or separate income tax return? This can be a great piece of evidence to show that you acted as though you were wed by submitting jointly for taxation functions. Most of the time, when couples submit jointly on their taxes, their refund is bigger. Did you have children together? Do the birth certificates of the kids reveal that you both are the moms and dads?

I would recommend that you have neighbors be able to come into court and testify that you informed them you were married and that they constantly considered you and your partner as being wed. If they can not enter into court; then maybe affidavits (or sworn declarations) might be submitted to the judge for factor to consider.

If you can show that you dealt with each other as being wed which everybody else around you (the public in basic) thought that you were wed; then it is possible to have the court acknowledge your relationship as a marital relationship.

So, in Utah, recognizing your relationship as a marriage is not legally the very same thing as a common law marriage. At least, that's how the courts see it. Utah courts have actually utilized "typical law" to make decisions of marriage in the past. As soon as such case is Whyte v. Blair from 1994. In the Whyte case, the Utah Supreme Court mentioned to Travers v. Reinhadt, 205 U.S. 423 and several other cases beyond the state and also examined the Utah Code in effect at that time regarding marriage relationships.

So, if you submitted a petition with the court to obtain a divorce from your typical law spouse, it would likely be rejected. If you file a petition to have your relationship recognized as a marriage, it will be accepted and you will have the capability to show your case in court.

Remember, you need to show all of these things in order to prove your case. If you fail to fulfill among the requirements, you will likely not have your relationship acknowledged as a marital relationship.

The only times we have actually seen this is where partners want to get a date in the past as their marriage date or when one celebration plans to get a divorce or different out the joint possessions and possibly get some spousal support or spousal assistance.

As a general rule, you will not get alimony unless you have actually been married. If your relationship is figured out by the District Court to be a marriage, then you are in a position to get spousal support needs to you later on seek for divorce.

Bear in mind that all of this must be done within one year after the relationship ends. Relationships can end by separation (moving apart) and likewise by death.

If you require to have your relationship acknowledged as a marital relationship, call our workplace and we 'd more than happy to discuss your specific problems in a no obligation totally free assessment.

My address: 8833 S Redwood Rd, West Jordan, UT 84088
Phone: 801-676-7309

 


 

 

What Is Common Law Marriage In Utah? 801-676-739 Attorney Rush Explains
What Is Common Law Marriage In Utah? 801-676-739 Attorney Rush Explains
What Is Common Law Marriage In Utah? 801-676-739 Attorney Rush Explains
What Is Common Law Marriage In Utah? 801-676-739 Attorney Rush Explains
What Is Common Law Marriage In Utah? 801-676-739 Attorney Rush Explains

What Is Common Law Marriage In Utah? 801-676-739 Attorney Rush Explains

What Is Common Law Marriage In Utah? 801-676-739 Attorney Rush Explains

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