lawyer

What is a common law marriage? I was just wondering because I get different responses. I thought that commonlaw marriage means that when you call each other husband and wife; act like you are husband and wife; everyone acknowledges you as a husband and wife; and you sign on papers as husband and wife. Is that enough to say that you are commonlaw married? I never used his lastname though as my lasname thats why I was just wondering if we are commonlaw married.

The reason I ask this is that I used to live in Texas and now I live in Washington State and everytime I say that I am commonlaw married they say that they dont honor that here. They say that I am still considered single. Is this true?

Another reason why I ask this is that our relationship didnt work out and I want to know if I have to file for a divorce here in the State of Wahington. We have a baby and I also want to file for a Sole Custody, do I need to file divorce first or I can file for a Sole Custody now?

If Texas recognizes common law marriage and you moved here from Texas, then Washington courts will treat you as if you are married and thus you would file for divorce. Washington will recognize as a marriage an agreement entered into in a state or another country that DOES recognize a common law marriage. So, Texas law is what you need to review.

Washington also doesn t call it custody, it is called primary residential placement. There is a presumption that each parent is going to have residential time with their child, unless there is something really wrong with one of the parents. This is a fundamental practice issue for any family law attorney - does one position the other parent as a horrible monster and set up years of conflict, or . Of course, there is more money in the fight, less money in reasonable compromise.

There are lots of really good family law attorneys in Seattle. Find one you like. Avvo is a great resource, so is a personal consult.