Divorce in the News: NJ Divorce Law Loophole, Common Law Marriage and More

by Admin on February 1, 2013

An end to the limited recognition of New Hampshire’s common law marriage?

A bill being introduced by a New Hampshire representative might end the state’s limited, posthumous recognition of common-law marriage.

The law states that two people can be considered married if “cohabiting and acknowledging each other as husband and wife, and generally reputed to be such, for the period of three years, and until the decease of one of them.”

It’s the only law in the country that requires a minimum length of cohabitation for a common-law marriage, and it’s the only law that recognizes common-law marriages posthumously.

But instead of repealing the law, some critics are instead asking lawmakers to remedy it.

The law currently does not recognize same-sex marriage, and critics are asking for the inclusion of such marriages so as to include the inheritance of their partner’s estate. Editorialists say amend the law to specify that “once the three-year cohabitation requirement has been met, a common-law couple is married.

Doing so would allow a widower to be eligible to receive the benefits of their federally-employed spouse.

Ending New Jersey’s “divorce from bed and broad” law

An “archaic” New Jersey divorce law might be costing the state’s taxpayers more than they’d like.

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The state’s “divorce from bed and broad” law allows for a divorce where legally-separated couples remain technically married.

The law was enacted years ago to curb the social stigma surrounding divorce. Today, it’s beneficial to couples as it allows a dependent spouse to maintain healthcare coverage under some plans.  A New Jersey assemblyman is proposing a bill that would close the loophole that allows dependents to continue receiving the health benefits from a spouse’s federally-funded healthcare plan.

In Thailand, due to the variety of factors that can be involved in a divorce case, it is usually necessary to enlist the services of a divorce lawyer to guide you through this process.

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