What are the grounds for a common law divorce?
Common law divorce is a type of dissolution of marriage that is not handled by a court. In Washington, grounds for common law divorce include abandonment, desertion, or an extended period of separation. Abandonment means one spouse has abandoned the marriage and left their partner with no intention of returning. Desertion refers to one spouse leaving the marriage and living separate and apart for more than a year without their partner’s consent. Lastly, a marriage can be dissolved if the couple has been living apart for five years or more. However, common law divorce is not recognized in all states, and it is important to check with your local laws. In Washington, couples that do not meet the grounds for common law divorce must pursue a legal divorce, which involves filing a petition along with other necessary documents with the court. The court may also require a waiting period before the divorce is final. Common law divorce allows couples to separate without involving the court system and can be a simpler and less expensive option. But since it is not legally binding, couples are not subject to the financial obligations and obligations to their former spouse that a court-ordered divorce may provide. Therefore, it is important to understand the legal implications of common law divorce before pursuing it.
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