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Understanding Common Law Marriage in Pennsylvania
Common law marriage is a topic that often sparks curiosity and confusion. It’s essential to understand the laws surrounding this type of union, especially if you reside in Pennsylvania. In this article, we’ll delve into the intricacies of common law marriage in PA, debunking myths and shedding light on the truth.
What is Common Law Marriage?
Contrary to popular belief, simply cohabitating with your partner for a certain period doesn’t automatically grant you a common law marriage in Pennsylvania. Unlike some other states, PA does not recognize common law marriage anymore. However, if you established a common law marriage before January 1, 2005, it is still legally valid.
Proof of Common Law Marriage
If you believe you have a valid common law marriage in Pennsylvania, you must provide evidence to support your claim. This evidence can include joint bank accounts, shared property, or documents where you both declared yourselves as married. It’s crucial to consult an experienced family law attorney who can guide you through the process and help you gather the necessary proof.
Benefits and Protections
Although Pennsylvania doesn’t recognize new common law marriages, the state does provide certain legal protections for couples who established their common law marriage before 2005. These protections include inheritance rights, medical decision-making abilities, and the ability to file joint tax returns. However, it’s important to note that the laws may vary, so consulting with a legal professional is recommended.
Common Law Marriage vs. Formal Marriage
Choosing between a common law marriage and a formal marriage is a decision that should be made after careful consideration. While a common law marriage may seem convenient, it lacks the legal protections and benefits that a formal marriage provides. It’s crucial to weigh the pros and cons and make an informed choice based on your specific circumstances and long-term goals.
Ending a Common Law Marriage
If you wish to end a common law marriage in Pennsylvania, you must go through a legal divorce process, just like in a formal marriage. The division of assets, child custody, and other related matters will be handled by the court. It is advisable to seek legal counsel to ensure your rights and interests are protected throughout the divorce proceedings.
Protecting Your Interests
Whether you are in a formal marriage or a common law marriage, it’s crucial to protect your interests and rights. Consider creating a cohabitation agreement or a prenuptial agreement to establish clear guidelines and expectations. These legal documents can provide peace of mind and protect both parties in the event of a separation or divorce.
Seek Legal Advice
Understanding the complexities of common law marriage in Pennsylvania can be overwhelming. If you have questions or concerns about your marital status or need assistance with any family law matters, it’s advisable to seek legal advice. An experienced attorney can provide the guidance and support you need to navigate the legal system and protect your rights.
Conclusion
While common law marriage is no longer recognized in Pennsylvania, it’s essential to understand the laws surrounding it if you entered into this type of union before 2005. Consulting with a knowledgeable family law attorney can help you navigate the legal complexities and ensure your rights and interests are protected. Remember to gather the necessary evidence to validate your common law marriage if needed and consider legal agreements to safeguard your future.
