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Putative Marriage Lawyers
What is a Putative Marriage?
A putative marriage is an informal marriage between a man and a woman, much like a common law marriage, where:
- Each believes in good faith that they are lawfully married, and
- They participate in some kind of ceremony.
Even though a putative marriage is not a formal marriage, it still is treated like one in many states.
An example of a putative marriage would be if you were married to another and went through divorce proceedings. Thereafter, you re-united and lived together for 15 years. Later the other spouse might say that they owe you no spousal support because you were divorced. In states that adopt putative spouse rules, they would be incorrect, because when you re-united you may have formed a putative marriage.
What Rights does a Putative Spouse Have?
If you are a product of a putative marriage, in most states you will have the same rights as a formally married partner, including things like:
- Property rights,
- Spousal support, or
- Child support.
How Does a Putative Marriage Differ From a Common Law Marriage?
The primary difference is the need for a ceremony. Common law marriages do not require that both parties participate in some kind of ceremony to be married, while putative marriages do.
Do I Need an Attorney for my Putative Marriage Issue?
If you think you have formed a putative marriage, are considering forming a putative marriage, or believe that you have property or support coming as a result of a putative marriage, it is highly recommended for you to find a family or divorce and annulment attorney. They will be able to explain the issues and help protect your rights.
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