its called common law marriage and up until now, each state dealt with it in their own little way.
some states said we don't recognize it here because you never were legally married , so when you split, divide your own crap even if you have to pay an attorney , and get your own attorneys to settle your child custody and support, but for the record you were just living together.
some other states said yes we recognize it here but only after 7 yrs of being together under the same roof and with children involved.
some other states said yes we recognize it here but the rule is one of you has to introduce the other of you as a spouse to someone. (example: hey coworker meet my wife... tada!) now you have to legally divorce and split things like you would in a normal divorce.
so for years, law officials have had to look at these people and think... here is a couple that pretended to be married but never had the guts to do it , took up homestead together, bought vehicles, furniture, a dog and a trailer and 2 stereos...and had some kids. they want to split up, but who gets what since they bought it together? who gets the kids?
and as ridiculous as it sounds, making them legally divorce is best all the way around once you look at it like this.
heres what is in it for the women: dividing the assets, child custody and support and finally being recognized for being "married " at the time of the divorce.
heres what is in it for the men: dividing the assets (where it doesn't all go to the woman), child custody (your chance for 50/50 or visitation) properly adjusted child support (where the woman can no longer just go sign up for a welfare check and tell them that you never supported your kid before, where they would seek you out and drag you to court and make it look like you never fed your kid ever)............... this means you can prove that you were just as present in the home as she was and you are not abandoning your child which could help you get primary custody, 50/50 custody or visitation and they won't be asking you to pay back support dating back to when the child was born, its just gonna start at the time of separation.)
hope this helps you decide if it is something that needs to be done.
in my own opinion and experience, i am for it in all states.
that isn't because i am a lady, it is because i have seen both men and women screwed over financially.
